AGENDA

Wednesday, July 1, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 98-0638-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


ADDENDUM TO AGENDA

Wednesday, July 1, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg. E

12100 Park 35 Circle

Item 2. Docket NO. 98-0751-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 or 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


OLD BUSINESS AGENDA

Wednesday, July 1, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of May 7, 1998 and May 20, 1998.
Item 1. Docket No. 98-0435-MIS. Consideration of the Executive Director's Petition requesting consideration of the Max Recycling, Inc. Audit recommending that Max Recycling, Inc. be ordered to repay the Commission sixty-eight thousand, two-hundred-eighty-nine dollars and sixty-nine cents ($68,289.69) which is the amount that the Commission overpaid Max Recycling from the Waste Tire Recycling Fund (WTRF). (Vic Ramirez/Roy Buchanan)
Continued to July 29, 1998
Item carried forward from Agenda of May 20, 1998 and June 17, 1998.
Item 2. Docket No. 98-0196-RUL Consideration for publication of, and hearing upon, the proposed repeal of 30 TAC Chapter 317, concerning Design Criteria for Sewerage Systems; and a proposed new 30 TAC Chapter 217, concerning Design Criteria for Sewerage Systems. If approved, the proposed rules would establish new and clearer requirements related to the engineering design criteria for sewage treatment systems and facilities that will collect, transport, treat, or dispose of wastewater. In addition, this proposed action constitutes the commission's review of the rules contained in 30 TAC Chapter 217, concerning Design Criteria for Sewerage Systems, in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. (Tom Weber) (Rule Log No. 95100-317-WT).
Remand to Executive Director
Item carried forward from Agenda of June 17, 1998.
Item 3. Docket No. 98-0440-WR. COUNTY OF NACOGDOCHES (LAKE NACONICHE) for Application No. 5585 for a permit to authorize the construction of a 9,072 acre-foot reservoir with a normal operating elevation of 348.0 mean sea level on the Naconiche Creek, tributary of Attoyac Bayou, tributary of the Angelina River, tributary of Neches River, Neches River Basin. The applicant is requesting that the impounded waters be used for flood control and recreation purposes in Nacogdoches County, approximately 13 miles northeast of Nacogdoches, Texas. No diversion of waters from the reservoir is requested. The Commission will consider the application and the hearing requests filed on the application. (Jim Bateman/Terry Slade)
Issue Permit with corrections, BM/JB. All Commissioners Agree
Item carried forward from June 17, 1998.
Item 4. Docket No. 98-0549-SLG. REYNOLDS METALS COMPANY, for Permit 03966, for land application of domestic wastewater treatment plant sludge. Domestic wastewater treatment plant sludge will be land applied at a rate of 440 Metric Tons per year (dry weight basis), to approximately 457 acres of closed bauxite tailing beds to establish vegetation. Domestic sewage sludge from various sources will be either trucked or piped to an on-site unloading area. after arrival at the sludge unloading area, the sludge will be pumped through a series of pipes to a perforated drainage pipe and allowed to flow across the disposal area. The leachate from the bauxite tailing beds is allowed to migrate through a drainage system and ultimately flow into an on-site liquor pond the water will be reused as process water for the Reynolds Metals Company Plant. Surface runoff will be contained by external dikes surrounding the sludge disposal area. No discharge of pollutants into waters in the State is authorized by the permit. The facility is located on the south side of State Highway 361, adjacent to its intersection with State Highway 35, approximately one mile southeast of the City of Gregory, in San Patricio County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Margaret Hoffman/Craig Pritzlaff)
Issue Permit, RM/BM. All Commissioners Agree
Item carried forward from Agenda of June 17, 1998.
Item 5. Docket No. 98-0528-RUL. Consideration for publication of, and hearing upon, a proposed new 30 TAC Chapter 33, concerning Consolidated Permit Processing; and for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 39, concerning Public Notice. The primary purpose of the new chapter and proposed amendments is to implement the consolidated permit processing provisions of Texas Water Code, Section 5.401 et. seq. (Dan Wittliff) (Rule Log No. 97170-033-AD)
Approve Publication and Hearing as requested, JB/RM. All Agree


MCBEE

MARQUEZ

BAKER

CONTESTED AGENDA

Wednesday, July 1, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 A.M.

Bldg E. Room 201S

12100 Park 35 Circle

Hearing Request
Item 1. Docket No. 98-0358-WEA. HIGH PLAINS UNDERGROUND WATER CONSERVATION DISTRICT NO. 1 for a Texas Weather Modification Permit. The application requests authorization to conduct cloud-seeding operations within a target area that includes the southwestern portion of Armstrong County and all of the following counties: Bailey, Castro, Cochran, Crosby, Deaf Smith, Floyd, Garza, Hale, Hockley, Lamb, Lubbock, Lynn, Oldham, Parmer, Potter, Randall, Terry and Yoakum. The operational area of the draft permit includes the following counties: Armstrong, Briscoe, Carson, Dawson, Dickens, Gaines, Hartley, Kent, Moore, Motley and Swisher. If granted, the permit will authorize weather modification activity for the four-year period from 1998 to 2001. The Commission will consider the application and the hearing requests that have been filed on the application. (Chris Kadas/George Bomar)
Deny Hearing Request and approve application, JB/RM. McBee Voted No.
Item 2. Docket No. 98-0563-MWD. Request by RAYFORD ROAD MUD for an amendment of permit (Permit No. 12030-001), to authorize an increase in the flow of treated domestic wastewater from a daily average flow of 0.65 million gallons per day (MGD) to a daily average flow of 0.95 MGD in the Interim II phase and to an annual average of 1.3 MGD in the Final phase. The applicant is also requesting a variance to the buffer zone requirements within the Montgomery County Drainage District No. 6 Channel IIDF in accordance with 30 TAC Section 309.13(e)(1)(B). This Channel area is restricted to drainage use exclusively. The applicant is also requesting a variance to the buffer zone requirements within 150 feet of the proposed Chlorination/ Dechlorination Basin addition that extends onto adjacent private property in accordance with 30 TAC Section 309.13(e)(1)(C). This variance is based on the fact that will be no noise and odor nuisance emanating from this basin. The owner of the property has been previously contacted and has refused to sell a buffer zone easement to the District. The property contains a drilling site and is not suitable for residential use. The plant site is located north of Rayford Road, approximately 2.1 miles east of the intersection of Rayford Road and Interstate Highway 45 in Montgomery County, Texas. The Commission will consider the application and the hearing requests that have been filed with the application.(Louis Herrin/Margaret Hoffman)
Remand to Alternative Dispute Resolution the Request by Ashford's, Reed's, Robert's, Murray's and Allen's, if mediation fails forward to State Office Administrative Hearings, RM/JB. All Commissioners Agree. Motion is withdrawn and Item continued until July 29, 1998.
Temporary Authorization
Item 3. DOCKET NO. 98-0685-IHW Consideration of an application by SOLUTIA, INC. for a Temporary Authorization to allow operation of a new outdoor container storage area to replace the smaller 100 ton capacity (limited to 400 55-gallon containers) outdoor container storage area currently authorized under Permit No. HW-50189-001. The applicant has submitted a permit renewal application which includes this change as a major amendment to their permitted activity. The application requests authorization to increase the storage capacity of the facility's outdoor container storage area to 1,500 tons of mixed hazardous waste solids (greater than 25% increase in facility's container storage capacity) and to store mixed hazardous waste solids in various and different containers, including roll-off boxes. The mixed hazardous waste consists of spent carbon and depleted uranium catalyst sludge. The applicant operates a plant for the manufacture of chemical feedstocks and intermediates and is located on Farm-to-Market Road No. 2917, approximately 7 miles southeast of its intersection with State Highway No. 35 and 14 miles southeast of Alvin, Brazoria County, Texas. The Temporary Authorization would terminate 180 days from the date of issuance of the authorization or upon final determination of TNRCC's review of RCRA permit renewal application HW-50189-001, whichever occurs earlier. (John Clegg/Arnoldo Medina)
Issue Temporary Authorization, JB/BM. Marquez Recused.
Temporary Variance
Item 4. Docket No. 98-0655-IWD. Request by WEST TEXAS UTILITIES COMPANY for a temporary variance to the existing surface water quality standards for total aluminum in the Fort Phantom Hill Reservoir in Segment No. 1236 of the Brazos River Basin. The temporary variance will allow the Commission time to consider adoption of a site specific standard prior to West Texas Utilities Company having to comply with effluent limits based on existing surface water quality standards.(Louis Herrin/Margaret Hoffman)
Issue Temporary Variance, RM/BM. All Agree
Permit Renewal
Item 5. Docket No. 98-0655-IWD. Request by WEST TEXAS UTILITIES COMPANY for a renewal of Permit No. 01422. The permit authorizes the continuous discharge of once through cooling water through Outfall 001 at a daily average flow of 433.2 million gallons per day. The permittee operates the Fort Phantom Power Plant. The plant site is located approximately 12 miles north of the City of Abilene on Farm-to-Market (FM) Road 2833, 2.8 miles south of the intersection of FM 2833 and FM 1082, Jones County, Texas. (Louis Herrin/Margaret Hoffman)
Issue Permit, RM/BM. All Agree
Superfund
Item 6. Docket No. 98-0611-SPF. Consideration of an order to authorize the Executive Director to expend in excess of $1,000,000.00 to conduct an immediate removal action within the MDI Residential Area in Houston, Harris County, Texas (Lara Nehman)
Submitted in Error
Miscellaneous
Item 7. Docket No. 98-0417-MIS. Consideration of gifts and donations of $500.00 or more in value given to the TNRCC in the first two quarters of fiscal year 1998 and to obtain the commissioners' approval for acceptance of gifts in accordance with the requirements outlined in SB 145, passed by the Seventy-fifth Legislature. (T. Coronado)
See Item 35
Item 8. Docket No. 98-0704-MIS. Consideration of Executive Director's Petition requesting consideration of the Gibson Recycling, Inc. Audit recommending that Gibson Recycling, Inc. be ordered to repay the Commission two-hundred-fifteen thousand, eight-hundred-ninety-two dollars and sixty cents ($215,892.60) which is the amount that the Commission overpaid Gibson Recycling from the Waste Tire Recycling Fund (WTRF). (Steven Shepherd/Roy Buchanan)
Submitted in Error
Contracts
Item 9. Docket No. 98-0699-CON. Consideration of the Award of a Contract for Composer services to Science Application International Corporation in support of the Water Utilities Database Project. This contract extends through FY99 and has LAR approval. The contract amount of $2.5 million covers analysis, design and construction using a qualified information systems vendor. (Anthony Bennett)
See Item 36
Item 10. Docket No. 98-0566-CON. Commission authorization for amendment of the Contract for Regulatory Oversight of Leaking Petroleum Storage Tank cases for the PST Responsible Party Remediation Section to allow the Executive Director to amend the contract and authorization for expenditure of an additional $1,500,000 which would raise the total contract amount to $6 Million.
Remand to Staff
Public Water Supply Enforcement Agreed Orders
Item 11. Docket No. 97-1091-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Melvin and Debbie Block dba Susan Circle Community Water System in Orange County; TNRCC ID No. 1810083; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman)
Issue Agreed Order, BM/JB. All Agree
Item 12. Docket No. 97-0221-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Del Rio in Val Verde County; PWS No. 2330001; for drinking water quality violations pursuant to Chapter 341 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier)
Modify to 1660 Order, RM. Dies for lack of second. Issue Agreed Order, BM/JB. Marquez voted no.
Petroleum Storage Tank Enforcement Shut Down Order
Item 13. Docket No. 98-0445-PST-E. Consideration of a Shut Down Order requiring certain actions of Sunpoint Aviation in Gregg County; TNRCC ID Nos. 34499 and 2275; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)
Issue Order directing shut-down on July 15, 1998 if not in compliance, RM/JB. All Commissioners Agree
Petroleum Storage Tank Enforcement Agreed Order
Item 14. Docket No. 98-0182-PST-E. Consideration of an Agreed Order requiring certain actions of Matlock Enterprises in Mitchell County; TNRCC ID No. 19907; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman)
Issue Agreed Order, RM/JB. All Commissioners Agree
Municipal Waste Discharge Enforcement Agreed Orders
Item 15. Docket No. 97-0979-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Wharton in Wharton County; Water Quality Permit No. 10381-002; for water quality violations pursuant to the Texas Water Code and the Rules of the Texas Natural Resource Conservation Commission. (Mary Smith)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 16. Docket No. 98-0010-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Fornax Industries, Inc. in Harris County; Permit No. 12528-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Claudia Chaffin)
Issue Agreed Order, JB/RM. All Commissioners Agree
Air Enforcement Agreed Orders
Item 17. Docket No. 97-1190-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Javier Escarsega dba Jasmin Auto Sales in El Paso County; Account No. EE-2027-J; for air quality violations pursuant to the Texas Water Code, the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young)
Issue Agreed Order, RM/JB. McBee Absent
Item 18. Docket No. 98-0161-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Clara Barrio dba BAMA Motors in El Paso County; Account No. EE-1967-F; for air quality violations pursuant to the Texas Water Code, the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young)
Issue Agreed Order, RM/JB. McBee Absent
Item 19. Docket No. 97-1150-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Buster Paving Company, Incorporated in Lamar County; Account No. LA-0078-N; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Suzanne Walrath)
Issue Agreed Order, RM/JB. McBee Absent
Item 20. Docket No. 97-1040-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texaco Exploration and Production, Inc. in Howard County; Account No. HT-0059-L; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission (Kevin Cauble)
Issue Agreed Order, RM/JB. McBee Absent
Item 21. Docket No. 97-0882-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Par Products in Collin County; Account No. CP-0356-L; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Kevin Cauble)
Issue Agreed Order, RM/JB. McBee Absent
Item 22. Docket No. 97-0547-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Frank's Custom Center in El Paso County; TNRCC ID No. EE-0503-M; for air violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Hodgson Eckel)
Issue Agreed Order, RM/JB. McBee Absent
Industrial Hazardous Waste Enforcement Partial Dismissal of Agreed Order
Item 23. Docket No. 94-0833-IHW-E. Consideration of the partial dismissal of an Agreed Order issued by the Texas Water Commission on December 27, 1994 against Van Waters & Rogers, Inc. in Dallas County; TNRCC ID No. 31657; for industrial solid waste violations pursuant to the Texas Water Code, the Texas Solid Waste Disposal Act, chapter 361 of the Texas Health & Safety code, and the rules of the Texas Natural Resource Conservation Commission. (Cecily Small Gooch)
Approve partial dismissal of order with changes as recommended by staff, JB/RM. All Commissioners Agree
Industrial Hazardous Waste Default Orders
Item 24. Docket No. 97-1147-IHW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Henry A. Adams and Carol Davis in Tarrant County; TNRCC ID No. 30635; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Ali Abazari)
Issue Default Order, RM/JB. All Commissioners Agree
Item 25. Docket No. 96-1546-IHW-E. Consideration of a Default Order assessing administrative penalties and requiring certain action Buryl Head dba Texas Metal Finishing in Williamson County, TNRCC ID No. 52028; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Ali Abazari)
Issue Default Order, RM/JB. All Commissioners Agree
Rules
Item 26. Docket No. 98-0668-RUL. Consideration of petition for rulemaking for amendments to 30 TAC Chapter 330, Subchapter E, Section 330.51, concerning Permit Application for Municipal Solid Waste Facilities, 30 TAC Chapter 330, Subchapter E, Section 330.53, concerning Technical Requirements of Part II of the Application, and 30 TAC Chapter 305, Subchapter C, Section 305.50, concerning Additional Requirements for an Application for a Hazardous or Industrial Solid Waste Permit. If approved, the petition would prohibit permit applications being declared administratively complete until the applicant has demonstrated compliance with local government ordinances and zoning requirements. The staff recommends denial of the petition. (Marianne Baker) (Rule Log No. 98027-330-WS)
Deny Petition, RM/BM. All Commissioners Agree
Item 27. Docket No. 98-0543-RUL.Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 113, Sections 113.100, 113.110, 113.120, 113.130, 113.140, 113.190, 113.220, 113.230, 113.250, 113.290, 113.360, 113.380, and new Sections 113.260, 113.350, 113.400, 113.420, and 113.670, concerning National Emission Standards for Hazardous Air Pollutants for Source Categories. The proposed rules would incorporate by reference five federal Maximum Achievable Control Technology (MACT) standards for the control of hazardous air pollutant emissions from specific source categories, incorporate by reference changes that the United States Environmental Protection Agency has made to certain previously adopted MACT standards and correct the federal promulgation dates for several MACT standards. (Ann Hammer/Steve Hagle) (Rule Log No. 98014-113-AI).
See Item 31
EXECUTIVE SESSION
Item 28. Docket No. 98-0711-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 29. Docket No. 98-0712-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 DOUG 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 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, July 1, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 30. Docket No. 98-0746-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commissioner's Deputy Director for Administrative Services 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 the matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 31. Docket No. 98-0543-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 113, Sections 113.100, 113.110, 113.120, 113.130, 113.140, 113.190, 113.220, 113.230, 113.250, 113.290, 113.360, 113.380, and new Sections 113.260, 113.350, 113.400, 113.420, and 113.670, concerning National Emission Standards for Hazardous Air Pollutants for Source Categories. The proposed rules would incorporate by reference five federal Maximum Achievable Control Technology (MACT) standards for the control of hazardous air pollutant emissions from specific source categories. These five federal rules are Group I Polymers and Resins, 40 Code of Federal Regulations (CFR) 63, Subpart U; Offsite Waste and Recovery Operations, 40 CFR 63, Subpart DD; Shipbuilding and Ship Repair (Surface Coating), 40 CFR 63, Subpart II; Printing and Publishing, 40 CFR 63, Subpart KK; and Group IV Polymers and Resins, 40 CFR 63, Subpart JJJ. The proposed rules would also incorporate by reference changes that the United States Environmental Protection Agency has made to the following previously adopted MACT standards: General Provisions, 40 CFR 63, Subpart A; Synthetic Organic Chemical Manufacturing Industry, 40 CFR 63, Subpart F; Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater, 40 CFR 63, Subpart G; Organic Hazardous Air Pollutants for Equipment Leaks, 40 CFR 63, Subpart H; Certain Processes Subject to the Negotiated Regulation for Equipment Leaks, 40 CFR 63, Subpart I; Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks, 40 CFR 63, Subpart N; Gasoline Distribution Facilities, 40 CFR 63, Subpart R; Halogenated Solvent Cleaning, 40 CFR 63, Subpart T; Secondary Lead Smelting, 40 CFR 63, Subpart X; Petroleum Refineries, 40 CFR 63, Subpart CC; and Aerospace Manufacturing and Rework Facilities, 40 CFR 63, Subpart GG. Finally, the proposed rules would correct the federal promulgation dates for two previously adopted MACT standards which contain incorrect dates as adopted. (Ann Hammer/Steve Hagle) (Rule Log No. 98014-113-AI).
Approve Publication and Hearing, RM/JB. All Commissioners Agree
Item 32. Docket No. 98-0742-AIR. Consideration whether to modify, affirm, or set aside an EMERGENCY ORDER requiring certain actions of Pat Byrd; and Joe Byrd Produce Co., in Zavala County; No Air Account No.; for air violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Hodgson Eckel)
Modification of Emergency Order approved, BM/RM. All Commissioners Agree


AGENDA

Wednesday, July 1, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 97-0114-AGR-E. Rehearing on the Commission's May 7, 1998 entry of a default order concerning Kees Vanderlei, Permit No. 03158. (Erath County)
Accept General Counsels modification of order and installment as recommended by Commissioner Marquez, RM/BM. All Commissioners Agree
Item 2. TNRCC Docket No. 96-0633-PST-E; SOAH Docket No. 582-97-2125. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the Executive Director's Preliminary Enforcement Report and Petition against David Lopez alleging violations concerning Underground Storage Tanks in Grand Prairie, Texas. Recommendations: The Administrative Law Judge recommends the order be adopted and that, Petitioner's proposed findings of fact and conclusions of law should be denied.
Adopt Proposal for Decision and accept Executive Directors exceptions and Issue Order, BM/RM. All Commissioners Agree
Item 3. TNRCC Docket No. 96-1260-AIR-E; SOAH Docket No. 582-97-2174. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the Executive Director's Preliminary Enforcement Report and Petition against John Blanton dba Tri-B Industries alleging violations concerning discharging air contaminants in Denton County, Texas. Recommendation: The Administrative Law Judge recommends that the Commission adopt the Findings of Fact and Conclusions of Law set forth in the order assessing an administrative penalty of $7000 against Respondent John Blanton dba Tri-B Industries.
Adopt Proposal for Decision and Issue Order with exceptions to Finding of Fact #2, BM/JB. Marquez Absent for this item.


ADDENDUM TO AGENDA

Wednesday, July 1, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 4. Docket No. 98-0478-MFR. Consideration of the Motion for Reconsideration and Request for Oral Argument and related filings concerning the Executive Director's issuance of Certificate of Registration No. EN0000005 to Texas Farm, Inc. Certificate of Registration No. EN0000005 authorizes Texas Farm, Inc. to handle wastes (removal, containment, treatment and disposal) from a facility located on the east side of U.S. Highways 70 and 83, five miles south from the intersection of Loop 143 and U.S. Highways 70 and 83, City of Perryton, Ochiltree County, Texas. (Robert Martinez)
Deny Motion for Reconsideration, JB/RM. All Commissioners Agree


OLD BUSINESS AGENDA

Wednesday, July 1, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg. E.

12100 Park 35 Circle

Item 1. Docket No. 96-1373-WR; SOAH Docket No. 582-97-0570. Application by the City of San Marcos for a bed and banks authorization to convey treated wastewater discharged from the City's wastewater treatment plant two miles down the San Marcos River to a point where the water would be diverted for reuse. The Commission will consider a certified question filed by the Administrative Law Judge on April 27, 1998. The proposed conveyance is in Hays County. (Robert Martinez)
Accept Order as drafted by General Counsel and Remand item back to State Office Administrative Hearing, RM/BM. All Commissioners Agree


SECOND ADDENDUM TO AGENDA

Wednesday, July 1, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg. E

12100 Park 35 Circle

Item 33. Docket No. 98-0752-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Chief Clerk as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 34. Docket No. 98-0746-EXE. The Commission will meet in closed session to deliberate the appointment, employment, reassignment, duties, discipline, or dismissal of the Commission's Deputy Director for Administrative Services as permitted by Section 551.074 of the Texas Open Meeting Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on the matter a required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken


THIRD ADDENDUM TO AGENDA

Wednesday, July 1, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg. E

12100 Park 35 Circle

Item 35. Docket No. 98-0417-MIS. Consideration of gifts and donations of $500.00 or more in value given to the TNRCC in the third quarter of fiscal year 1998 and to obtain the Commissioners' approval for acceptance of gifts in accordance with the requirements outlined in SB 145, passed by Seventy-fifth Legislature. (T. Coronado)
Approve Resolution, RM/BM. All Commissioners Agree


FOURTH ADDENDUM TO AGENDA

Wednesday, July 1, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg. E

12100 Park 35 Circle

Item 36. Docket No. 98-0699-CON Consideration to authorize the Executive Director to enter into a contract with Science Applications International Corporation (SAIC) for an amount up to $1,964,218.80. The Contract is for services to analyze, design and develop an integrated database management system using I-CASE Composer/COOL:Gen for the TNRCC Water Utilities Division.(Lara Nehman/Mohammed Farooq)
Approve Contract as Recommended by Staff, BM/JB. All Commissioners Agree


EMERGENCY ADDENDUM TO AGENDA

Wednesday, July 1, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 98-0775-PWS. Consideration of an Emergency Order requiring Aqua Water Supply Corporation to provide a temporary emergency interconnection for the provision of continuous and adequate water service to Clyde E. Clardy dba Bastrop West Water Company in Bastrop County; PWS No. 0110047; pursuant to Chapter 341 of the Texas Health and Safety Code, Chapter 13 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. The Emergency Order is necessary to address an imminent threat to public health and safety created by recent failure of pump motors on the Bastrop West Water Company well. This failure has drastically reduced the system's production levels. (Irene Montelongo/Doug Holcomb)
Issue Emergency Order, JB/RM. All Commissioners Agree