MCBEE
MARQUEZ
BAKER
AGENDA

Wednesday, May 29, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35

UNCONTESTED (Award)

Item 1. Docket No. 96-0849-MIS. Presentation of the Pinnacle Award, the TNRCC award to recognize the winners of the 1996 State of Texas level competition of the US EPA Operation and Maintenance Excellence Award Program for municipal wastewater treatment facilities. (Cook)

Awards Presented

UNCONTESTED (Municipal Solid Waste Management and Resource Recovery Advisory Council)

Item 2. Docket No. 96-0817-MSW. Consideration of the nomination and appointment of a representative from a solid waste management organization composed primarily of commercial operators to the Municipal Solid Waste Management and Resource Recovery Advisory Council.

Approve Staff Recommendation, BJ/BM

UNCONTESTED (Agency Report)

Item 3. Docket No. 96-0825-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 (District Matters)

Item 4. Docket No. 96-0510-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING PETITION BY MAPANI ENTERPRISES, INC., FOR DISSOLUTION OF FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 73. Applicant requests that the Commission dissolve the district. (Internal Control No. 122895-D02; Cynthia A. Cartwright)

Approve Petition to Dissolve, RM/JB

Item 5. Docket No. 95-1376-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING PETITION BY OLD RICHMOND, LTD., FOR DISSOLUTION OF FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 74. Applicant requests that the Commission dissolve the District. (TNRCC Internal Control No. 090695-D01; Cynthia A. Cartwright)

Approve Petition to Dissolve, RM/JB

Item 6. Docket No. 96-0511-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING PETITION BY THE BOARD OF DIRECTORS FOR DISSOLUTION OF NORTH GRAND PRAIRIE FLOOD CONTROL DISTRICT. The applicant requests that the Commission dissolve the district. (TNRCC Internal Control No. 020796-D01; Cynthia A. Cartwright)

Approve Petition to Dissolve, RM/JB

CONTESTED (Petroleum Storage Tank Enforcements)

Item 7. Docket No. 96-0801-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of J.B. Crawford in Johnson County; Enforcement ID NO. E10600; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Paul C. Sarahan).

Issue Agreed Order, JB/BM

Item 8. Docket Nos. 95-1393-PST-E, 95-1394-PST-E, 95-1395-PST-E, 95-1396-PST-E, 95-1397-PST-E, 95-1398-PST-E, 95-1399-PST-E, 96-0307-PST-E, 95-1400-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of FFP Operating Partners, L.P. in Dallas, Collin, Hidalgo, Duval, Hardin, Mason, Travis, and San Patricio Counties; PST Facility ID. Nos. 27455, 18502, 18413, 46343, 27470, 18528, 11320, 18524 and Permit No. 13661-001; for petroleum storage tank and wastewater treatment plant violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Raymond Winter).

Issue Agreed Order, JB/BM

Item 9. Docket No. 96-0746-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chevron USA Products Company in Harris County; PST Enforcement Identification No. E11160; 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/BM

Item 10. Docket No. 96-0560-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southwest Marketers, Inc. in Brewster County; PST Enforcement Identification No. E11210; 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/BM

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 11. Docket No. 95-0455-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Schenectady International, Incorporated in Freeport, Brazoria County, Texas; SWR NO. 30763; for solid waste management violations pursuant to the Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361 and the rules of the Texas Natural Resource Conservation Commission. (Glenn Hall).

Issue Agreed Order, RM/JB

CONTESTED (Industrial Waste Discharge Enforcement)

Item 12. Docket No. 95-1157-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Racetrac Petroleum, Inc. in Dallas County; Permit No. 03281; for water quality violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Raymond Winter).

Issue Agreed Order, RM/JB

CONTESTED (On-Site Inspection Enforcement)

Item 13. Docket No. 96-0549-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dewayne Anderson in Hardin County; Certificate No. 2185; for certification violations pursuant to the Texas Health & Safety Code Chapter 366, and 30 TAC Chapter 285, and the rules of the Texas Natural Resource Conservation Commission. (Ray Winter).

Issue Agreed Order, JB/BM

CONTESTED (Contract)

Item 14. 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.

Continued to June 12, 1996

CONTESTED (Emergency Order)

Item 15. Docket No. 96-0844-IWD. Consideration of a request by the Texas Department of Transportation (TxDOT) and Environmental Corrections Corporation (ECC) dba Waste Control Services for an Emergency Order authorizing the discharge of a maximum of 21,600 gallons per day of treated groundwater from tunneling operations to construct drainage facilities on a TxDOT easement for a road construction project located on North Carlyle Avenue, approximately 500 feet south of the intersection of North Carlyle Avenue and E. Bow Street in the City of Tyler in Smith County, Texas. The treated groundwater would be discharged to an unnamed ditch; thence to an unnamed tributary of Black Fork Creek; thence to Black Fork Creek; thence to the Neches River above Lake Palestine in Segment No. 0606 of the Neches River Basin. The segment is water quality limited. The designed uses for Segment No. 0606 are: intermediate quality aquatic life use, contract recreation, and public water supply. The effluent limits in the draft permit will maintain and protect the existing instream uses. No significant degradation of Black Fork Creek is anticipated.

Issue Emergency Order, RM/JB

CONTESTED (Rules)

Item 16. Docket No. 95-1480-Rul. Consideration for adoption of amendments to 30 TAC Chapter 330, Subchapter R, concerning Management of Whole Used or Scrap Tires, and repeal of Subchapter X, concerning Management of Whole Used or Scrap Tires or Shredded Tire Pieces. If adopted, the amendments would expand the use of the Waste Tire Recycling Fund (WTRF) to: pay waste tire energy recovery facility operators and waste tire recyclers for whole tires or tire shreds processed; establish limits on expenditures from the WTRF; reimbursement of unpaid carryover; require the creation of a market development program; require training of transporters and generators; require updating the manifest system and the generator database; and require biennial audits of tire processors, recyclers and energy recovery facility operators. The proposal was published in the December 12, 1995, issue of the Texas Register (20 TexReg 10508). (Jennifer Sidnell) (Rule Log Number 95142-330-WS)

Adopt Staff Recommendation with changes as recommended by Chairman McBee, BM/JB

Item 17. Docket No. 95-1589-RUL. Consideration for adoption of the repeal of existing Chapter 344 and the adoption of new Chapter 344 relating to Landscape Irrigators. The rules reflect the implementation of new legislation (House Bill 2510) regarding the licensing and regulatory framework for landscape irrigators and installers. The proposed rules were published in the Texas Register on December 12, 1995. (Jack Kramer)(Rule Log No. 95148-344-WT)

Approve Staff Recommendation, RM/JB

Item 18. Docket No. 96-0110-RUL. Consideration for adoption of proposed Chapter 295, relating to Water Rights, Procedural, Chapter 297, relating to Water Rights, Substantial, and Chapter 331, relating to Underground Injection Control. The new and amended rules will implement the provisions of Senate Bill 651 and House Bills 475 and 1989 passed during the 74th Legislature (1995). The proposed rules were published in the March 1, 1996 and March 19, 1996 issues of the Texas Register. (Steve Musick)(Rule Log No. 95160-295-WT).

Adopt as Recommended, RM/JB

CONTESTED (State Implementation Plan)

Item 19. Docket No. 96-0270-SIP. Consideration for the repeal of 30 TAC Chapter 114, 114.3 and 114.4, and adoption of new 114.3, 114.4, 114.6, and 114.7, concerning Control of Air Pollution from Motor Vehicles; and revision of the State Implementation Plan. These amendments will implement a new plan for vehicle emissions testing that will satisfy Federal Clean Air Act requirements and satisfy the criteria of the National Highway System Designation Act of 1995 signed into law on November 28, 1995. The proposal was published in the March 26, 1996 issue of the Texas Register (21 TexReg 2451) (John Steib) (Rule Log #96104-114-AI)

Approve Staff Recommendation, RM/BM

CONTESTED (Motion for Rehearing)

Item 20. Docket No. 96-0430-DIS. The Commission will consider the Motion for Rehearing filed concerning the petition to exclude land from the boundaries of Harris County Municipal Utility District No. 50. On April 3, 1996, the Commission approved the petition. The Chief Clerk mailed the Commission's order on April 19, 1996.

Continued to June 12, 1996

CONTESTED (Proposal for Decision)

Item 21. TNRCC Docket No. 95-1302-IHW-E; SOAH Docket No. 582-95-1042; Consideration of Judge's Proposal for Decision and order concerning the petition of the Executive Director of TNRCC for an order assessing penalties and requiring certain actions of Corrosion proof fillings, in Odessa, Ector County, Tx. Recommendation: Assess Penalties of $7,440. (Carol Wood)

Adopt Administrative Law Judge's Proposal for Decision and Issue Order, JB/BM

Item 22. TNRCC Docket No. 95-1477-MWD; SOAH Docket No. 582-95-1778. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the request for hearing of the Texas Shrimp Association regarding the application of Cameron County FWSD No. 1 for permit no. 13772-01 to authorize the discharge of 1.5 gpd of treated domestic wastewater effluent in Cameron County, Texas, into Segment No. 2491 of the Bays and Estuaries. Recommendation: Approval of request for hearing of the Texas Shrimp Association. (Elizabeth Todd)

Adopt Administrative Law Judge's Proposal for Decision and Issue Order, Hearing will not be held until parties have tried Alternative Dispute Resolution and if ADR fails then State Office Administrative Hearings is to proceed with hearing on the Merits, RM/BM. A time limit of 8 weeks has been set.

EXECUTIVE SESSION

Item 23. Docket No. 96-0853-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 24. Docket No. 96-0854-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

Item 25. 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.

Continued to June 12, 1996

(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.

ADDENDUM TO AGENDA

Wednesday, May 29, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35

Item 26. Docket No. 96-0866-CON. Consideration of a Request for Offer (RFO) for an Enterprise I-Case Tool (Integrated Computer Aided Software Engineering). The proposed RFO is to select an Integrated Computer Aided Software Engineering (I-CASE) product to assist the Texas Natural Resource Conservation Commission (TNRCC) in conducting current and future-year information engineering projects. The I-CASE tool selected for use by the TNRCC must meet the set of requirements described in Section IV of this RFO. (Douglas Benn)

Continuance Requested Until June 12, 1996

SECOND ADDENDUM TO AGENDA

Wednesday, May 29, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35

Item 27. Docket No. 96-0905-EXE. The Commission will meet in closed session to receive legal advice on the scope of the Commission's jurisdiction over the Edwards Underground Water District (District) and on legal options regarding Commission supervision of the District, 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 June 12, 1996

OLD BUSINESS AGENDA

Wednesday, May 29, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35

Item carried forward from agenda of April 24, 1996.

Item 1. Docket No. 96-0518-IWD. UNIMIN CORPORATION for an amendment to Permit No. 01401 to increase the discharge volume and add an outfall (Outfall 003) to monitor the discharge of mine seepage water and stormwater runoff. The permit currently authorizes a discharge of mine seepage water via Outfalls 001 and 002 at a total combined volume not to exceed 500,000 gallons per day average. The proposed amendment would authorize discharge volumes not to exceed an average of 500,000 gallons per day via Outfall 001; 500,000 gallons per day via Outfall 002; and 600,000 gallons per day via Outfall 003. The applicant operates a sand mining and processing operation. The plant site is on County Road 308 approximately 3/4 mile north of the intersection of County Road 308 and U.S. Highway 67 in the northeast corner of Somervell County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Bob Sweeney)

Continued to July 10, 1996

Item carried forward from agenda of April 24, and May 2, 1996.

Item 2. TNRCC Docket No. 95-1299-AIR; SOAH Docket No. 582-95-1031. The Commission will consider the motion for rehearing filed concerning the application by Sonntag Trucking Company for air standard exemption No. 29014 to authorize the construction of a concrete batch plant in Denton County. On February 7, 1996, the Commission considered a Judge's proposal for decision, and approved the application. The Commission order was mailed on March 13, 1996

Grant Motion for Rehearing to Receive additional evidence. Accept applicants Motion to Strike to Supplement to Motion for Rehearing, RM/BM. Commission Baker voted against.

Item carried forward from agenda of April 3, 19, 29, 1996.

Item 3. Consideration of issues related to National Pollutant Discharge Elimination System (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. This old business item was continued from the April 3rd, April 19th, and April 29th Work Sessions. Sharon Smith (Legal - Litigation Support) presented the issue. This issue will be continued to the May 29th Wednesday Agenda Meeting as old business.

Continued to June 12, 1996

Item carried forward from Agenda of April 3, 19, 29, 1996.

Item 4. 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. This old business item was continued from the April 3rd, April 19th, and April 29th Work Sessions. Sharon Smith (Legal - Litigation Support) presented the issue. This issue will be continued to the May 29th Wednesday Agenda Meeting as old business.

Continued to June 12, 1996

Item carried forward from Agenda of May 2, and May 15, 1996.

Item 5. Docket No. 96-0580-RUL. Consideration for publication of and hearing on a proposed new 30 TAC Chapter 106, Section 106.102, regarding Comfort Heating. The proposed rule would create a new Section 106.102, which is a recodification of current Standard Exemption Number 3, with changes to allow for burning distillate fuel oil (containing less than 0.3% sulfur) and to allow for the burning of used oil in comfort space heaters if certain distance and firing rate limitations are met. (Jim Dodds) (Rule Log Number 96121-106-AI)

Continued to June 12, 1996

Item carried forward from Agenda of May 2, and May 15, 1996.

Item 6. Docket No. 95-0695-RUL. Consideration for publication of and hearing on 30 TAC Chapter 39, concerning Public Notice. If adopted, the new chapter would centralize and clarify many of the public notice requirements of the commission. (Richard S. O'Connell) (Rule Log No. 96124-039-AD)

Adopt Staff Recommendation, JB/RM

AGENDA

Wednesday, May 29, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
Room 201S, Bldg E.
12118 N. Interstate 35

Item 1. TNRCC Docket No. 95-1323-MSW. SOAH Docket No. 582-95-1072. Consideration of Administrative Law Judge's Proposal for decision and order concerning the Executive Director's motion for dismiss the application of East Texas Landfill, Inc. for permit No. MSW 2140 to authorize the operation of a municipal solid waste type I site in Wood County, Texas. Recommendation: Grant Executive Director's Motion and Dismiss application without prejudice. (Carol Wood)

Adopt Administrative Law Judge's Proposal for Decision and Issue Order, BM/JB