MCBEE

MARQUEZ

BAKER

CONNOR

AGENDA

Wednesday, February 28, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

CONTESTED (Superfund)

Item 1. Docket No. 96- 0280- SPF. Consideration of an administrative order to conduct remedial design/remedial action and Post-Closure activities at the Unnamed Plating State Superfund Site in El Paso, El Paso County, Texas.

Issue Administrative Order to Unnamed Plating, RM/BM

CONTESTED (Water Utility)

Item 2. Docket No. 96-0288-UCR. Consideration of the application of Mr. E.M. Hardwick dba Cedar Mills Private Campsites to discontinue retail water utility service in Grayson County, Texas. (Application # 30957-Q, Doug Holcomb)

Approve discontinuance, RM/JB

CONTESTED (Report)

Item 3. Docket No. 96- 0291- 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).

No Action Required

CONTESTED (Hearing Request)

Item 4. Docket No. 96-0286-IHW. Consideration of an application by OLIN CORPORATION for a Class 2 permit modification to Permit No. HW-50167-001 in accordance with 30 TAC Section 305.69. The permit authorizes operation of a commercial industrial solid waste storage facility for the management of hazardous and Class 1 non-hazardous industrial solid waste. The permit modification will: (1) authorize the storage of EPA hazardous waste numbers D018, D035, D038, D026, K156, and F002 in an existing storage tank; (2) decrease the heat content limit for wastes to be stored in the tank from 9500 to 5000 BTU/lb; and (3) modify the waste analysis plan to substitute specific gravity analysis for pH waste verification analysis. The facility is located at 1400 Olin Road near State Highway 380 on approximately 23.76 acres in Beaumont, Jefferson County, Texas. (Kari Bourland)

Issue Class 2 Modification, RM/JB

Item 5. Docket No. 96-0294-IHW. Consideration of an application by TEXAS ECOLOGISTS, INC. - ROBSTOWN for a Class 2 Modification to Permit No. HW50052-001 in accordance with 30 TAC Section 305.69. The permit authorizes operation of a commercial industrial solid waste storage, processing, and disposal facility for the management of hazardous and Class 1, Class 2, and Class 3 non-hazardous industrial solid waste. The permit modification will authorize the management of six newly listed hazardous wastes (K156-K161) and 58 specific chemicals which have been added to the list of commercial chemical products that are hazardous wastes when discarded. The facility is located on Petronila Road approximately 0.5 mile southeast of the intersection of Farm Road 2826 and Petronila Road, and approximately 3.5 miles south of Robstown in Nueces County, Texas. (Kari Bourland)

Issue Class 2 Modification, RM/BM

Item 6. Docket No. 96-0259-MSW. APPLICATION BY WASTE TECHNOLOGIES, INC. for a municipal solid waste permit (Proposed Permit No. MSW2248) to authorize a Type VGG (non-hazardous and non-industrial grease trap) municipal solid waste management facility. The proposed site covers approximately 0.809 acres of land and is proposed to receive approximately 100,000 gallons of non-hazardous municipal and commercial grease trap waste per day for processing. The facility will also be authorized to store up to 67,200 gallons of waste material. The facility is to be located at 10360 U.S. Highway 90 West, on the south frontage road of U.S. Highway 90 approximately 1500 feet east of State Highway Loop 1604, just outside the city limits of San Antonio, in Bexar County, Texas. The Commission will consider the application and hearing requests that have been received on the application. (Vic Ramirez/Michael Graeber)

Continued to March 20, 1996

Item 7. Docket No. 96-0258-AIR. APPLICATION BY LUFKIN CREOSOTING COMPANY for renewal of TNRCC Air Quality Permit No. 8262 to continue operation of a Wood Treating Facility which is located six miles south of the City of Lufkin on U.S. Highway 69, Angelina County, Texas. The Commission will consider the application and hearing requests that have been received on the application. (Ronnie Jones/Alex Berksan)

Hearing Request withdraw, Issue Permit Renewal, BM/JB

Item 8. Docket No. 96-0260-IWD. APPLICATION BY TEMPLE-INLAND FOREST PRODUCTS CORPORATION for an amendment to Permit No. 01820 to authorize the removal of flow limitations from outfalls which are substantially influenced by rainfall runoff. The proposed amendment would also add (Outfall 003) to monitor the intermittent, flow variable discharge of stormwater runoff. The applicant operates an integrated forest products complex. The plant site is north of Farm-to-Market Road 2426 approximately 1/4 mile east of the intersection of Farm-to-Market Road 2426 and Farm-to-Market Road 1 in the City of Pineland, Sabine County, Texas. The treated effluent is discharged into Little Sandy (Gross) Creek; thence to Pomponeau Creek; thence to Sam Rayburn Reservoir in Segment No. 0610 of the Neches River Basin. The Commission will consider the application and hearing requests that have been received on the application. (Bob Sweeney/Tom Weber)

Continued to March 27, 1996

Item 9. Docket No. 96-0203-MWD. Application by Commercial Real Estate Services, E.P. Hills Co and El Paso Co Water Authority Municipal Utility District for a permit (Proposed Permit No. 13797-01) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 520,000 gallons per day in the final phase. The permit authorizes a variance to the buffer zone requirements in accordance with 30 TAC Chapter 309.13(e)(1)(B). The wastewater treatment facilities are approximately 1.5 miles southeast of the intersection of Horizon Boulevard and Interstate Highway 10 in El Paso County, Texas. The Commission will consider the application and hearing requests filed on the application. (Bob Sweeney/Tom Weber)

Remand to SOAH for validity of hearing request, and if request is valid continue with hearing, BM/RM

Item 10. 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)

Continued to March 6, 1996

(RESOLUTION)

Item 11. Docket No. 96- 0233- RES. Consideration of a resolution relating to the membership of the Waste Reduction Advisory Committee (Ken Zarker)

Approve Resolution, RM/JB

CONTESTED (Affirm, Modify, Set Aside Emergency Order)

Item 12. Docket No. 96- 0208- MWD. The Commission will consider whether to affirm, modify, or set aside an emergency order which authorizes the use of an alternate irrigation site for the disposal of treated domestic wastewater from a wastewater treatment facility. On January 24, 1996, the Commission approved a request by the El Paso County Water Authority for an emergency order concerning the Authority’s permit no. 10795- 01. The facility is in El Paso county.

Affirm Emergency Order, RM/JB

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 13. Docket No. 95- 0070- IHW- E. Consideration of a Texas Natural Resource Conservation Commission Order assessing administrative penalties and requiring certain actions of Fortis International, Inc. in Harris County; ISW Registration No. 31774; for industrial & hazardous waste violations pursuant to the Texas Health & Safety Code, Chapters 361, Chapters 5 and 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Lila Beckley)

Issue Agreed Order, JB/BM

Item 14. Docket No. 96- 0072- IHW- E. Consideration of a Texas Natural Resource Conservation Commission Order assessing administrative penalties and requiring certain actions of Formosa Plastics Corporation, Texas in Calhoun County; ISW Registration No. 31945; for Industrial & Hazardous Waste violations pursuant to the Texas Health & Safety Code, Chapter 361, Chapters 5 and 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Susan Johnson)

Issue Agreed Order, RM/BM

Item 15. Docket No. 95- 1632- IHW- E. Consideration of a Texas Natural Resource Conservation Commission Order assessing administrative penalties and requiring certain actions of Aqua Solutions, Inc. in Harris County; ISW Registration No. 52127; for industrial & hazardous waste violations pursuant to the Texas Health & Safety Code, Chapter 361, Chapters 5 and 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Mohammed Moheeth)

Issue Agreed Order, BM/RM

CONTESTED (Industrial Waste Discharge Enforcement)

Item 16. Docket No. 96- 0059- IWD- E. Consideration of Executive Director's Preliminary Assessment of Substantial Noncompliance and Order Finding Substantial Noncompliances and Finding No Further Necessary Action Pursuant to the Texas Water Code Section 5.117 for Ohmstede, Inc., 01318; Walnut Cove Water Supply Corp., Inc. 12416- 001; Fina Oil and Chemical Company, 00491; Steven and Rose Lewis, 12804- 001; City of Clyde, 10149- 001; Jackson County WCID No. 2, 10196- 001; ISK Biosciences Corporation, 00749; Mobil Chemical Company, 00393; Waukesha- Pearch Industries, Inc., 02560; Texas Airstream Habor Mobile Home Park, 11895- 001; Texas A&M University- Prairie View, 11275- 001; City of Angleton, 10548- 001; City of Goodlow, 12616- 001; Howard and Rosa Rathbun, 13540- 001. (Laurie Eaves, Guy Henry)

Issue No Action Orders, RM/JB

CONTESTED (Municipal Waste Discharge Enforcement)

Item 17. Docket No. 96- 0060- MWD- E. Consideration of Executive Director's Preliminary Assessment of Substantial Noncompliance and Order Finding Substantial Noncompliances and Finding No Further Necessary Action Pursuant to the Texas Water Code Section 5.117 for Ohmstede, Inc., 01318; Walnut Cove Water Supply Corp., Inc., 12416- 001; Fina Oil and Chemical Company, 00491; Steven and Rose Lewis, 12804- 001; City of Clyde, 10149- 001, Jackson County WCID No. 2, 10196- 001; ISK Biosciences Corporation, 00479; Mobil Chemical Company; 00393; Waukesha- Pearch Industries, Inc., 02560; Texas Airstream Harbor Mobile Home Park, 11895- 001; Texas A&M University- Prairie View, 11275- 001; City of Angleton, 10548- 001; City of Goodlow, 12616- 001, Howard and Rosa Rathbun, 13540- 001. (Laurie Eaves, Guy Henry)

Issue No Action Order, RM/JB

CONTESTED (Agricultural Enforcement)

Item 18. Docket No. 96- 0094- AGR- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Gerald Oosten, Permit No. 03142. (Claudia Chaffin)

Issue Agreed Order, JB/RM

CONTESTED (Public Water Supply Enforcement)

Item 19. Docket No. 95- 1595- PWS- E. Consideration of an agreed order assessing administrative penalties and requiring certain actions of Jackie Brister d/b/a Barefoot Fishing Camp in San Saba County; PWS NO. 2060014; for water sampling violations pursuant to Texas Health and Safety Code and The Rules of the Texas Natural Resource Conservation Commission. (GUY HENRY)

Issue Agreed Order, JB/BM

CONTESTED (Air Quality Enforcement)

Item 20. Docket No. 96- 0108- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kurosky & Company Painting Contractors, Inc. in Tarrant County; Account No. TA- 0521- J; for air quality 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. (Linda G. Sorrells).

Issue Agreed Order, RM/BM

Item 21. Docket No. 96- 0123- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southern Cotton Oil Company, a division of Archer Daniels Midland Company in Lubbock, Lubbock County; Account No. LN- 0052- I; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar).

Issue Agreed Order, RM/BM

Item 22. Docket No. 96- 0133- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lyondell Petrochemical Company in Channelview, Harris County, Account No. HG- 0033- B; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar).

Issue Agreed Order, RM/BM

Item 23. Docket No. 96- 0128- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chevron USA, Inc. in Port Arthur, Jefferson County, Account No. JE- 0042- B; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar).

Issue Agreed Order, RM/BM

Item 24. Docket No. 96- 0103- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of APG Lime Corporation in New Braunfels, Comal County; Account No. CS- 0020- O; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar).

Issue Agreed Order, RM/BM

Item 25. Docket No. 96- 0106- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Huntsman Corporation (formerly known as Texaco Chemical Company) in Conroe, Montgomery County, Texas, Account No. MQ- 0012- Q; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar).

Issue Agreed Order, RM/BM

Item 26. Docket No. 96- 0122- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jerry Allen Go Go Motors in Jefferson County; Account No. JE- 0578- B; 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. (Linda G. Sorrells).

Issue Agreed Order, RM/BM

Item 27. Docket No. 96- 0102- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Adopt- A- Car, Inc. in Montgomery County; Account No. MQ- 0353- K; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Peter Gregg).

Issue Agreed Order, RM/BM

Item 28. Docket No. 96- 0119- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chevron U.S.A. Products Company in Harris County; Account No. HG- 4770- B; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Patricia Hershey).

Issue Agreed Order, RM/BM

Item 29. Docket No. 96- 0127- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Charter Bank, S.S.B. in Harris County; Account No. HG- 4886- E; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Peter Gregg).

Issue Agreed Order, RM/BM

Item 30. Docket No. 96- 0129- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Crown Central Petroleum Corporation in Harris County; Account No. HG- 0175- D; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Peter Gregg).

Issue Agreed Order, RM/BM

Item 31. Docket No. 96- 0130- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gulf Chemical and Metallurgical Corp. in Brazoria County; Account No. BL- 0029- V; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Patricia Capps).

Issue Agreed Order, RM/BM

Item 32. Docket No. 96- 0132- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of M- B Companies, Inc. in Caldwell County; Account No. CA- 0026- L; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Paul Sarahan).

Issue Agreed Order, RM/BM

Item 33. Docket No. 96- 0120- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of GH Hensley Industries, Inc. in Dallas County; Account No. DB- 0447- B; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Greg Warmink).

Issue Agreed Order, RM/BM

Item 34. Docket No. 96- 0105- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Heat Energy Advanced Technology in Dallas County; Account No. DB- 9034- I; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Paul Sarahan).

Issue Agreed Order, RM/BM

Item 35. Docket No. 96- 0126- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Channel Shipyard in Harris County; Account No. HG- 3585- F; for air quality violations pursuant to Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Paul Sarahan).

Issue Agreed Order, RM/BM

Item 36. Docket No. 96- 0109- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Phillips Pipe Line Company; Pasadena, Harris County; Account No. HG- 0565- J; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman).

Issue Agreed Order, RM/BM

CONTESTED (Air Quality Enforcement)(Multi Media)

Item 37. Docket No. 96- 0134- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Huntsman Corporation (formerly known as Texaco Chemical Company) in Port Neches, Jefferson County, Texas, Account No. JE- 0052- V; SWR No. 30029 for Air Quality and Industrial & Hazardous Waste violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382; the Solid Waste Disposal Act, Texas Health & Safety Code, Chapter 361; the Texas Water Code, Chapters 5 and 26; and the rules of the Texas Natural Resource Conservation Commission. (Paul Sarahan and Lisa Uselton Dyar).

Issue Agreed Order, RM/JB

CONTESTED (Petroleum Storage Tank Enforcement)

Item 38. Docket No. 96- 0118- PST- E. Consideration of an Agreed Order requiring certain actions against of Hendon Corkran, Inc.; Nederland, Jefferson County; PST Enforcement No. E10806; for underground storage tank violations pursuant to the Texas Water Code, Chapter 26 and the Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson/Walter Ehresman).

Issue Agreed Order, BM/RM

Item 39. Docket No.96- 0236- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. T.P. McNamara in McLennan County; Enforcement ID No. E10915; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Greg Warmink).

Issue Agreed Order, BM/RM

Item 40. Docket No. 96- 0285- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ms. Jenifer Van Tran, in Harris County; Enforcement Identification No. E10922; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Patricia Capps).

Issue Agreed Order, BM/RM

Item 41. Docket No. 96- 0283- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Hoa Van Nguyen in Harris County; Enforcement Identification No. E10921; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Patricia Capps).

Issue Agreed Order, BM/RM

CONTESTED (Motion For Rehearing)

Item 42. Docket No. 95-0197-MWD. The Commission will consider the motion for rehearing filed concerning the Commission's approval of the application by Daytop Village Foundation, Inc. for permit No. 13744-001 authorizing the discharge of 12,000 gpd of treated domestic wastewater in Anderson County, Texas and Segment No. 0804 of the Trinity River Basin.

Deny Motion for Rehearing and Issue Permit, JB/BM

CONTESTED (State Implementation Plan)

Item 43. Docket No. 96-0270-SIP. Consideration for publication and hearing of proposed amendments to 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; and revision of the State Implementation Plan. The proposed amendments will implement a new plan for vehicle emissions testing to satisfy Federal Clean Air Act requirements and satisfy the requirements of the National Highway System Designation Act of 1995 (NHSDA) signed into law on November 28, 1995. (John Steib) (Rule Log #96104-114-AI)

Adopt Rules and Revision of State Implementation Plan, JB/BM

CONTESTED (Contract)

Item 44. 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.

Continued to March 6, 1996

EXECUTIVE SESSION

Item 45. Docket No. 96-0366-EXE. THE COMMISSION WILL MEET IN EXECUTIVE SESSION TO DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, as permitted by GOV'T CODE, Sections 551.071 and 551.074, the Open Meetings Act. No final action, decision or vote with regard to any matter considered in closed session shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.

No Action Taken

Item 46. Docket No. 96-0367-EXE. COMMISSIONERS WILL MEET IN EXECUTIVE SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC UNDER GOV'T CODE, SECTION 551.074, the Open Meetings Act. No final action, decision or vote with regard to any matter considered in closed session shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.

No Action 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.)

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.

OLD BUSINESS AGENDA

Wednesday, February 28, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of January 17 and January 24, 1996 and February 14, 1996.

Item 1. Docket No. 95-1550-IWD. The Commission will evaluate the motion for rehearing filed concerning the application by Everest Exploration, Inc. for renewal of wastewater discharge permit no. 02945. The permit concerns the Mount Lucas Project, an in-situ uranium mining facility which is currently in the post mining period. The facility is in Live Oak County. On November 22, 1995, the Commission issued an order which denied a request for hearing concerning the application, and approved the draft permit prepared by the Executive Director.

Grant Motion for Rehearing and with agreement of all parties Issue Permit as agreed, JB/BM

Item carried forward from Agenda of February 14, 1996.

Item 2. Docket No. 96-0173-SLG. Commission will consider Motions for Reevaluation on a Beneficial Land Application (Registration Number 710720), issued by the Executive Director to City of Cameron on November 2, 1995. The site is located approximately 0.25 miles north of the intersection of County Road 202 and State Highway 36 which is located approximately 5.5 miles west of the city of Cameron in Milam County. The site is approximately 108 acres, with 43.23 acres of application area. The application area will consist of Native Grasses and Coastal Bermudagrass production. Recommend continued site approval.

Deny Motion for Reevaluation and issue registration number, JB/RM

Item carried forward from Agenda of February 14, 1996.

Item 3. Docket No. 95-1685-AGR. The Commission will consider the Motions for Rehearing and Reconsideration filed by ACCORD Agriculture, Inc. requesting rehearing and reconsideration respectively of the Commission's order issued December 18, 1995 affirming the Executive Director's determination that certain comments on Texas Farms, Inc.'s application for authorization No. 03860 did not demonstrate technical merit and of the Executive Director's issuance on December 19, 1995 of Permit-by-Rule No. 30860 to Texas Farms, Inc. Permit-by-Rule No. 30860 authorizes the operation of a swine finishing facility located on the north side of State Highway 281 approximately 8 miles west of the intersection of State Highway 281 and U.S. Highway 83 in Ochiltree County, Texas.

Overrule Motion for Rehearing and Reconsideration, JB/RM

Item carried forward from Agenda of February 14, 1996.

Item 4. Docket No. 96- 0210- IHW. Consideration of an application by TEXAS EASTMAN CHEMICAL COMPANY for a Class 3 Modification to Permit No. HW50043- 01 which authorizes operation of an industrial solid waste storage, processing and disposal facility for the management of hazardous wastes and non- hazardous industrial solid waste. The facility is located on a 5,270 acre tract of land off Kodak Boulevard near Logview in Harrison County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application.

Approve the Uncontested portion of permit and remand contested portion of permit to State Office Administrative Hearings, RM/JB

Item carried forward from Agenda of February 21, 1996.

Item 5. Docket No. 96-0287-MIS. Consideration of the issuance of a certificate to designate Loomis & Associates, Consulting Engineers, as a Texas STEP Partner in recognition of outstanding service in the Arroyo Colorado Estates (ACE) project. The Arroyo Colorado Estates community is located in Cameron County. (Sally Gutierrez).

Issue Certificate to Loomis & Associates

ADDENDUM TO OLD BUSINESS AGENDA

Wednesday, February 28, 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 21, 1996.

Item 6. Docket No. 96-0332-EXE. Consideration by the Commission of a proposed regulatory reform and rules revision project.

Initiate a regulatory forum process for rules revisions, BM/JB