UNCONTESTED (Class 2 Modifications)

Item 1. Docket No. 96-0548-UIC. Consideration of an application by CHEMICAL WASTE MANAGEMENT, INC. -PORT ARTHUR for a Class 2 permit modification to Permit No. WDW-160 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 waste. The permit modification will authorize: (1) the construction of new replacement tanks for existing permitted tanks T-101A, T-101B, and T-102 and (2) modification and use of the existing tanks T-101A, T-101B, and T-102 as secondary containment systems for the new tanks. The modification reduces the total permitted hazardous waste storage and processing by 378,000 gallons. The facility is located on the south side of State Highway 73 on 7.6 acres of land, approximately three miles west of Port Arthur, Jefferson County, Texas. (Kari Bourland)

Class 2 Modification Approved, JB/BM

Item 2. Docket No. 96-0567-UIC. Consideration of an application by DISPOSAL SYSTEMS OF CORPUS CHRISTI, INC. for a Class 2 permit modification to Permit No. WDW-70 in accordance with 30 TAC Section 305.69. The permit authorizes operation of a commercial industrial and hazardous waste management facility to receive, store and process wastes and to conduct injection well activities for disposal of wastes. The permit modification will authorize the permittee to continue to manage newly listed EPA carbamate waste codes by adding these waste codes to the permit. The permit modification will also add an application submittal date to the permit. The facility is on approximately 14.273 acres located at 6901-A Greenwood Drive, which is approximately 7/8 mile southeast of the intersection of Greenwood Drive (County Road 33) and Saratoga Blvd. (State Highway 357) in Nueces County, Texas. (Kari Bourland)

Class 2 Modification Approved, JB/BM

CONTESTED (Hearing Request)

Item 3. Docket No. 96-0466-MSW. ENVIRO WASTE MANAGEMENT for a municipal solid waste permit (Proposed Permit No. MSW 2250) to authorize a Type V (Grease Trap) municipal solid waste management facility. The existing site covers approximately 0.5 acres of land and is proposed to receive approximately 20,000 gallons of municipal grease and grit trap waste per day for processing. The facility is located at 5119-B East 7th Street in the city of Austin, Travis County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Margaret Ligarde/Nick Classen)

Remand to State Office Administrative Hearing to determine validity of hearing request, BM/JB

Item 4. Docket No. 96-0417-WR. LAVACA-NAVIDAD RIVER AUTHORITY AND THE TEXAS WATER DEVELOPMENT BOARD; Application No. 16-2095C seeks to amend Certificate of Adjudication No. 16-2095, as amended, pursuant to 11.122, Texas Water Code, and TNRCC Rules 30 TAC 295.1, et seq. Certificate of Adjudication No. 16-2095, as amended, includes authorization for the Lavaca-Navidad River Authority and the Texas Water Development Board to impound water in a 170,300 acre-foot capacity reservoir (referred to as Stage 1 reservoir or Lake Texana) for recreational purposes. The certificate, as amended, also includes authorization for the owners to divert from the lake and use in the Lavaca River Basin, the Colorado-Lavaca Coastal Basin, and the Lavaca-Guadalupe Coastal Basin, not to exceed a total of 79,000 acre-feet of water per annum from Lake Texana in Jackson County. The Commission will consider the application and the hearing requests that have been filed on the application. (Lann Bookout)

Continued to May 8, 1996

Item 5. Docket No. 96-0467-MWD. CITY OF SEAGOVILLE for an amendment to Permit No. 10370-01 in order to: (1) authorize an increase in the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 1,200,000 gallons per day to a volume not to exceed an average flow of 1,700,000 gallons per day; (2) permittee is requesting removal of chlordane testing and limits from the existing permit; and (3) requests a variance to the buffer zone requirements in accordance with 30 TAC Chapter 309.13(e)(1)(C). The Seagoville Wastewater Treatment Plant is approximately 0.65 mile northeast of the intersection of Malloy Bridge Road and U.S. Highway 175 and approximately 0.5 mile north of U.S. Highway 175 in Dallas County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber)

Remand to State Office Administrative Hearing to determine the merits of the hearing request, JB/BM

Item 6. Docket No. 96-0485-AIR. ABC CONCRETE, INC. for Standard Exemption No. 71 under Standard Exemption Registration No. 31005 to construct a Concrete Batch Plant. The proposed site is located at Scenic Loop 8006 in Austin, Travis County, Texas. The Commission will consider the application and the hearing requests that have filed on the application. (Ruben Herrera/Scott Humphrey)

Deny request for hearing and approve Standard Exemption, BM/JB

CONTESTED (District Matter)

Item 7. Docket No. 96-0248-DIS. Consideration of a proposed order approving the application by Northwest Harris County Municipal Utility District No. 24 for the levy of uniform annual standby fees to supplement the debt service and operations and maintenance accounts. (TNRCC Internal Control No. 091895-D05, (Randy M. Nelson)

Remand to State Office Administrative Hearing, JB/BM

CONTESTED (Petroleum Storage Tank Enforcement)

Item 8. Docket No. 96-0460-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of A.R.W., Inc. in Lamar County; Enforcement ID No. E10770; 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, JB/BM

Item 9. Docket No. 96-0439-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of M & M Fuels in Scurry County; PST Enforcement Identification No. E11281; 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, JB/BM

Item 10. Docket No. 96-0420-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Horn Marketing, Inc. in Eastland County; PST Enforcement Identification No. E10497; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman/Gregory Warmink)

Issue Agreed Order, JB/BM

Item 11. Docket No. 96-0523-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Mansoor Virani in Galveston County; Enforcement Identification No. E10433; 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/Srini R. Kusumanchi).

Issue Agreed Order, JB/BM

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 12. Docket No. 95-1177-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Trinity Testing Laboratories, Inc. in Hidalgo County; SW Registration No. 83312; for industrial & hazardous waste violations pursuant to the Texas Health & Safety code, and the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain)

Issue Agreed Order, BM/JB

Item 13. Docket No. 95-1533-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lyondell-Citgo Refining Company Limited in Harris County; SWR Registration No. 30092; for industrial & hazardous waste violations pursuant to the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Sue Rogers).

Issue Agreed Order, JB/BM

Item 14. Docket No. 96-0495-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Associated Milk Producers, Inc. in Cooke County; SWR No. 32496; for alleged violations of the Texas Solid Waste Disposal Act, Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Barbara Beynon/Greg Warmink).

Issue Agreed Order, JB/BM

CONTESTED (Rule)

Item 15. Docket No. 96-0492-RUL. Consideration for publication and hearing of amendments to 30 TAC Section 101.24, Inspection Fees, and 30 TAC Section 101.27, Emissions Fees. The proposed changes would 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. (Steve Ortiz) (Rule Log #96103-101-AI).

Approval to go forward with publication and hearings, BM/JB

Item 16. Docket No. 96-0339-RUL. Consideration for publication and hearing of proposed new 30 TAC Chapter 316, Water Quality Performance Standards for Urban Development, Subchapter A, concerning Water Quality Protection Zones. The proposed rules reflect the implementation of Senate Bill 1017, enacted by the 74th Legislature. If approved, these rules will set out the procedures and criteria to be used by the commission in the review and approval of water quality plans and amendments submitted for tracts of land designated as water quality protection zones, approval of requests to designate water quality protection zones for tracts of land that are less than 1,000 acres but not less than 500 acres in size, determination of the adequacy of annual reports submitted for water quality protection zones and the assessment of fees. (Arthur Talley) (Rule Log #95147-316-WT)

Approval to go forward with publication and hearings, JB/BM

CONTESTED (Administrative Law Judges Proposal for Decision)

Item 17. Docket No. 95-0432-UCR. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the Petition of City of Arlington appealing wholesale sewer rates in Tarrant County, Texas. Recommendation: Denial of Petition. (Tommy Broyles)

Continued to May 22, 1996, BM/JB

Item 18. Docket No. 95-1315-IWD. Consideration of ALJ's Proposal for Decision and Order concerning the application of Exxon Corporation, Exxon Company, U.S.A. for a renewal of permit no. 00592 to authorize the discharge of 30 mgd of treated industrial wastewater effluent in Harris County, Texas, and segment no. 1005 of the San Jacinto River Basin. Recommendation: Issuance. (Elizabeth Todd)

Continued to May 2, 1996

EXECUTIVE SESSION

Item 19. Docket No. 96-0568-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 20. Docket No. 96-0569-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.)

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 carried forward from Agenda of March 20, March 27 and April 3, 1996.

Item 1. Docket No. 96-0484-MIS. Consideration of the structure and organization of the agency's citizen assistance related functions, including Alternative Dispute Resolution, Border Affairs and Environmental Equity, Local Government Assistance, Ombudsman, Pollution Prevention and Recycling, Public Interest Counsel, Small Business Assistance Program, Superfund Community Relations/Public Meetings Unit.

Continued to April 24, 1996

Item carried forward from Agenda of March 20, March 27 and April 3, 1996.

Item 2. Docket No. 96-0483-EXE. The Commission will meet in closed session to deliberate the appointment, employment, reassignment, and duties of the Director of the Alternative Dispute Resolution Office, the Director of the Border Affairs and Environmental Equity Office, the Manager for the Border Affairs, the Ombudsman, the Managers for Environmental Equity, the Director of the Local Pollution Prevention & Recycling Office, the Public Interest Counsel, the Small Business Advocate, and the Manager of the Superfund Community Relations/Public Meetings Unit. The authority for the closed session is Section 551.074 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 these matters, as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.

Continued to April 24, 1996