UNCONTESTED (Class 2 Modification)

Item 1. Docket No. 96-0811-IHW. Consideration of an application by BASF CORPORATION - FREEPORT for a Class 2 permit modification to Permit No. HW-50128 in accordance with 30 TAC Section 305.69. The permit authorizes operation of an industrial solid waste storage and processing facility for the management of hazardous wastes and Class 1 industrial solid waste. The permit modification will authorize: (1) an increase in the feed rates of four individual waste streams and the total combined feed rate by up to 25% and (2) the addition of a non-hazardous waste stream to a permitted on-site incinerator. The facility is located on approximately 402 acres at 602 Copper Road in Freeport, Brazoria County, Texas. (John Clegg)

Issue Class 2 Modification, JB/RM

CONTESTED (Hearing Request)

Item 2. 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)

Deny Hearing Request and Remand to Alternative Dispute Resolution, RM/BM

Item 3. Docket No. 96-0725-MWD. KLEBERG COUNTY for a permit (Proposed Permit No. 13374-03) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 38,000 gallons per day. The proposed wastewater facility will serve the Town of Ricardo. The wastewater treatment facilities are in the southwest corner of the Town of Ricardo approximately 0.1 mile west of U.S. Highway 77 and approximately 0.34 mile south of Farm-to-Market Road 1118 in Kleberg County, Texas. The Commission will consider the application and the hearing requests on the application. (Tom Weber/Bob Sweeney)

Issue Permit, RM/JB

Item 4. Docket No. 96-0810-AIR. INDUSTRIAL ASPHALT, INC. has applied for Permit No. 31344 to authorize construction of an Asphalt Concrete Plant. The location of the proposed facility is 14701 IH 35 in Buda, Hays County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Ronnie Jones)

Deny Hearing Request and instructed Staff, PIC, and Alternative Dispute Resolution to set up a meeting with Protestants and address their concerns, BM/RM

CONTESTED (Water Utility Matter)

Item 5. Docket No. 96-0656-UCR. Consideration of Executive Director's request for interim rates for Ponderosa Utility Company in Denton County, Texas; Water CCN No. 12203 (Jim Bateman/Mary Jane Ford/Bret Fenner)

Approve Interim rates as recommended by Executive Director, JB/RM

CONTESTED (Municipal Waste Discharge Enforcement)

Item 6. Docket No. 96-0340-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jet-Era Enterprise, Inc. in Freestone County, Permit No. 11578-001, for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lehmkuhle/Henry)

Issue Agreed Order, JB/RM

CONTESTED (Air Quality Enforcement)

Item 7. Docket No. 96-0497-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lyondell Petrochemical in Harris County; Account No. HG-0621-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. (Peter Gregg).

Issue Agreed Order, RM/JB

Item 8. Docket No. 96-0508-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of O'Brien Powder Products in Harris County; Account No. HG-4874-L 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/JB

Item 9. Docket No. 96-0496-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Coastal Oil & Gas Corporation in Terry County; Account No. TD-0054-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. (Lisa Newcombe).

Issue Agreed Order, RM/JB

CONTESTED (Petroleum Storage Tank Enforcement)

Item 10. Docket No. 96-0558-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mohammed Razi Niazi in Harris County: PST Enforcement Identification No. E11015; 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, JB/RM

CONTESTED (Sludge Enforcement)

Item 11. Docket No. 96-0380-SLG-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Golden Spread in Potter County; Transporter Registration No. 20172; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Zhang/Henry)

Issue Agreed Order, JB/RM

CONTESTED (Rules)

Item 12. Docket No. 96-0092-RUL. Consideration for adoption of amendments to 30 TAC Chapter 331, Subchapter A, Section 331.6, concerning Prohibition of Class IV Well Injection, and Section 331.9, concerning Authorization by Rule. If approved, the changes would allow facilities conducting cleanup activities to re-inject certain ground water into the same formation from which it was drawn provided such injection is approved by the commission pursuant to provisions for cleanup consistent with federal regulations under 40 CFR Section 114.13(c). The proposed amendments were published in the February 20, 1996, issue of the Texas Register (21 TexReg 1368). (Alice Rogers)(Rule Log No. 95108-331-WS)

Adopt Amendments as Recommended, JB/BM. Commissioner Marquez recused from item.

Item 13. Docket No. 96-0142-RUL. Consideration for adoption of amendments to 30 TAC Chapter 305, Subchapter C, concerning Application for Permit; Subchapter D, concerning Amendments, Renewals, Transfers, Corrections, Revocation and Suspension of Permits; Subchapter F, concerning Permit Characteristics and Conditions; and Subchapter G, concerning Additional Conditions for Solid Waste Storage, Processing or Disposal Permits. If adopted, the rules would clarify the applicability of existing rules to municipal solid waste. The proposal was published in the March 5, 1996, issue of the Texas Register (21 TexReg 1735). (Hector Mendieta)(Rule Log No. 95032-305-WS).

Adopt Amendments as recommended by staff, RM/BM

Item 14. Docket No. 96-0787-RUL. Consideration for publication of and hearing on proposed new Subchapter F, concerning General Permits, in Title 30, Texas Administrative Code, Chapter 122 (30 TAC Chapter 122). The proposed rule would allow oil and gas operations and bulk storage terminals to use a General Permit as an alternative permitting mechanism to achieve compliance with the Texas Operating Permits Program. (Jim Dodds)(Rule Log 96118-122-AI)

Proceed to Publication and Hearing, RM/BM

CONTESTED (Contract)

Item 15. Docket No. 96-0840-CON. Consideration of a contract providing for mutual cooperation between the TNRCC and the Texas Department of Health with respect to hazardous chemicals, hazardous substances, and hazardous waste in the Texas-Mexico border region. (Katharine Marvin)

Approve Staff Recommendation, RM/JB

CONTESTED (Motion for Rehearing)

Item 16. Docket No. 96-0436-AGR. The Commission will consider the Motions for Rehearing and Reconsideration filed by Accord Agriculture, Inc., concerning the Commission's order issued April 11, 1996 and the Execuitve Director's issuance on April 11, 1996 of Permit-by-Rule No. 03878 to Dean Paul for Paul Farms Site No. 2. Permit-by-Rule No. 03878 authorizes the operation of a swine operation that will be located on the east side of an unnamed county road approximately four (4) miltes south of the intersection of State Highway 15 and the unnamed county road in Waka, Ochiltree County, Texas.

Deny Motion for Rehearing, JB/RM. McBee voted against.

EXECUTIVE SESSION

Item 17. Docket No. 96-0830-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 18. Docket No. 96-0831-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 19. TNRCC Docket No. 95-1543-IHW; SOAH Docket No. 582-95-1635. The Commission will consider the Motion for Rehearing filed concerning the application by Heat Energy Advanced Technology, Inc. to renew Permit No. HW-50029. On January 17, 1996, the Commission denied the hearing request made by the West Dallas Coalition for Environmental Justice, and approved the application. On April 10, 1996, the Chief Clerk mailed the Commission's order. The Heat Energy Facility is located in Dallas County.

Deny Motion for Rehearing, RM/JB

Item 20. Docket No. 96-0865-IWD. Consideration of a request by International Paper for an Emergency Order to discharge treated wastewater effluent to the Sulphur River. The effluent is normally discharged (and would similarly be discharged pursuant to this Emergency Order) to a natural drainage channel and then to the Sulphur River at a point approximately 0.5 miles upstream from the Texas-Arkansas State Line, segment No. 0301 of the Sulphur River Basin. The segment is effluent limited. The designated uses for segment No. 0301 are contact recreation and high quality aquatic life use. The effluent limits in attachment a to the order will maintain and protect the existing instream uses. (Bateman)

Issue Emergency Order, RM/JB

Item 1. SOAH Docket No. 582-95-1057; TNRCC Docket No. 95-0057-MSW. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of Silver Creek Materials, Inc. for Permit No. MSW 2216 to authorize the operation of a Type V (Composting) Municipal Solid Waste Management facility in Tarrant, County, Texas. Applicant seeks authorization to withdraw without prejudice. Recommendation: Dismissal without prejudice MSW 2216. (Cynthia Hayes)

Continued to June 26, 1996

Item 2. Docket No. 96-0333-AIR. The Commission will consider the motion for rehearing filed by San Antonio Coalition for Environmental and Economic Justice concerning the application by Mitsui San Antonio Components, Inc. for Permit No. AQ-30979 to install melting furnaces at a proposed aluminum die casting facility in San Antonio, Bexar County. On March 6, 1996, the Commission considered and denied hearing requests and granted the Mitsui application. The Commission order was mailed on April 2, 1996.

Grant Motion for Rehearing with respect to Claim #1 and send this matter to State Office Administrative Hearing for a determination of whether protestants are in fact affected persons. That being the sole determination, that being made with respect solely to the application of Mitsui and no other activity in the neighborhood, and if State Office Administrative Hearing finds that they are not affected persons then matter comes back to us, if they do find they are affected then matter proceed on to full evidentiary hearing. BM/RM. Commissioner Baker voted against.

Item carried forward from Agenda of March 27, 1996.

Item 1. Docket No. 96-0379-IWD. HI-PORT INCORPORATED for an amendment to Permit No. 01062 to remove effluent limitations for mercury at Outfall 001. The permit currently authorizes the discharge of washwater, boiler blowdown, and process area stormwater at a volume not to exceed an average flow of 115,000 gallons per day, which will remain the same. The applicant operates a packaging facility for a variety of organic compounds including automotive and industrial antifreeze; blended engine oils, hydraulic oils and transmission fluids; and agricultural chemicals. The plant site is at 409 E. Wallisville Road in the Community of Highlands, Harris County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber)

Issue Amendment, RM/JB

Item carried forward from agenda of April 17, 1996.

Item 2. 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)

Adopt Administrative Law Judge's Proposal for Decision, and with the addition with exceptions including additional paragraph filed by City of Ft. Worth and additional Finding of Fact and inclusion of law from City of Ft. Worth with respect to escrowed account set forth in its Mary 1, 1996 pleadings, BM/RM