UNCONTESTED (Class 3 Modification to Compliance Plan)
| Item 1.
| Docket No. 96-1982-IHW. Consideration of an application by
SHELL OIL COMPANY for a Class 3 modification to Compliance
Plan No. CP-50099 in accordance with 30 TAC Section 305.69.
The compliance plan requires the permittee to perform compliance
monitoring, to monitor for potential release(s) to ground-water for
the duration of twelve years at Site 102, Northeast Waste
Management Area, and nineteen years at the Aeration Basins (east,
center and west), Southeast Waste Management Area. The
compliance plan modification will authorize
administrative/informational chances, correction of typographical
errors, changes in the number and location of wells, and the addition
of new monitoring wells, replacement of existing wells that have
been rendered inoperable, changes in the frequency of monitoring,
changes in the statistical procedure, changes in the point of
compliance, the addition of hazardous constituents and their
Ground-Water Protection Standards, addition of a corrective action
program, and revise financial assurance cost to reflect changes to the
existing compliance and ground-water monitoring program, and the
addition of a corrective action program. The facility is located on
approximately 1,600 acre tract of land north of State Highway 225
approximately one mile west of State Highway 134 in Deer Park,
Harris County, Texas. (John Clegg)
|
| Issue Class 3 Mod, RM/JB. All Commissioners Agree
|
|
| UNCONTESTED (Class 2 Modifications to Hazardous Waste Permits)
|
| Item 2.
| Docket No. 96-1984-IHW. Consideration of an application by Lyondell
Petrochemical Company for a Class 2 modification to Permit No.
HW-50117 in accordance with 30 TAC 305.69. The permit authorizes the
operation of a non-commercial industrial solid waste management facility for
the storage of hazardous wastes. The permit modification request will
authorize the modification of five tank bottoms to facilitate leak detection,
put floating roofs inside two tanks to decrease air emissions, change piping
and nozzles on two tanks to accommodate the new bottoms and roofs, raise
dike walls to increase secondary containment on two tanks, and repair and
modify foundations and anchoring. The modification does not authorize any
increase in operating capacity. The facility is located at 8280 Sheldon Road
on approximately 1246.3 acres in Channelview, Harris County, Texas.
(John Clegg) | Issue Class 2 Mod, JB/RM. All Commissioners Agree | Item
3.
| Docket No. 96-1960-IHW. Consideration of an application by Heat Energy
Advanced Technology, Inc., for a Class 2 modification to permit HW-50029
in accordance with 30 TAC Section 305.69. The permit authorizes the
operation a commercial industrial solid waste management facility for the
storage and processing of hazardous wastes. The permit modification will
authorize 1) the acceptance of 180 U-wastes, 103 P-wastes, 89 K-wastes,
18 F-wastes and 12 D-wastes, 2) expand the authorized Hazard Code
Groups to include acute hazardous wastes (H), corrosive wastes (C) and
reactive wastes (R), 3) prohibit radioactive or nuclear wastes, explosive
materials and certain F and K-wastes and 4) limit D002, D034, K141-K145,
K149-K151 and K156-K161 wastes received to storage only. The facility is
located at 4460 Singleton Blvd. near Loop 12 and Interstate 30 on
approximately 2.409 acres in Dallas, Dallas County, Texas. (John Clegg) | Issue Class 2 Mod, BM/RM. All Commissioners Agree |
| UNCONTESTED (Class 2 Modification to Compliance Plan) | Item
4.
| Docket No. 96-1985-IHW. Consideration of an application by Dowell
Schlumberger Inc., for a Class 2 modification to Compliance Plan No.
CP-50351 in accordance with 30 TAC 305.69. The compliance plan
requires the permittee to operate a corrective action program and
ground-water monitoring program in the uppermost aquifer and any
interconnected lower aquifers at the RCRA Closed Lagoon for 28 years.
The compliance plan modification will authorize administrative/informational
changes, changes in the number and the location of monitoring wells, the
addition of hazardous constituents and their Ground-Water Protection
Standards, changes to the corrective action program, and revise financial
assurance cost to reflect current changes to the corrective action and
ground-water monitoring program. The facility is located on 14.9 acre tract
of land on the northwest side of Monahans, Ward County, Texas,
approximately forty-five miles southwest to Midland, Texas on the
Ozarka-Mahoney Service Road about 1/4 mile north of the intersection of
U.S. Highway 80 and Loop 464. (John Clegg) | Issue Class 2 Mod, RM/JB. All Commissioners Agree |
| CONTESTED (Hearing Request) | Item
5.
| Docket No. 96-1881-IWD. BRENDA DAMRON for a permit (Proposed
Permit No. 03910) to authorize disposal of waste and wastewater from a
dairy. The dairy will consist of a maximum capacity of 300 head. The waste
control facilities include one retention control structure. Wastewater will be
beneficially used on 25 acres of agricultural land located on-site. Waste will
be beneficially used on 74 acres of agricultural land located off-site. No
discharge of pollutants into the waters of the State is authorized by this
permit. The dairy is approximately five miles southeast of Blanket, Brown
County, Texas, on County Road 323. From Blanket, head south on Farm-to-Market Road 1467 approximately four miles, then turn east onto County
Road 294, then turn north onto County Road 285, then turn west onto
County Road 323 and follow the road through a right turn and the dairy will
be located on the east side of the road in Brown County, Texas. The
Commission will consider the application and the hearing requests that have
been filed on the application. (Tom Weber/Robert Martinez) | Remand to Executive Director, BM/RM. All Commissioners Agree |
| CONTESTED (District Matter) | Item
6.
| Docket No. 96-1565-DIS. Petition of First River Place Reserve, Ltd.,
Requesting Investigation Under Sections 12.081 and 54.239 of the Texas
Water Code of Certain Actions of River Place Municipal Utility District.
(TNRCC Internal Control No. 012696-D05; Diego Abrego) | Continued to February 5, 1997 |
| CONTESTED (Petition for Denial to Renew Permit) | Item
7.
| Docket No. 96-1663-MWD. Consideration of Executive Director's Petition
for Denial of the Application to Renew Permit No. 13303-001 held by Sue
Pellegrino, pursuant to Section 26.029 of the Texas Water Code and 30
TAC Sections 66-68, for non-payment of fees, failure to comply with the
terms of the permit by failing to construct the facilities, and for lack of need
for the permit. (Jim Bateman) | Withdraw Application No Action Required, RM/JB. All Commissioners Agree |
| CONTESTED (Municipal Waste Discharge Enforcement Agreed
Orders) | Item
8.
| Docket No. 96-1442-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of the A.P.
Green Industries, Inc. in Hopkins County, Permit No. 02581; for violations
pursuant to the Texas Water Code and the rules of the Texas Natural
Resource Conservation Commission. (Mears/Henry) | Submitted In Error | Item
9.
| Docket No. 96-1444-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Louisiana-Pacific Corporation in; Polk County, TNRCC Permit No. 01754
and in; Hardin County, TNRCC Permit No. 01950; for violations pursuant
to the Texas Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Bill Main\Keils) | Issue Agreed Order, JB/RM. All Commissioners Agree | Item
10.
| Docket No. 96-1578-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of the City of
Bonham in Fannin County, Permit No. 10070-001; for violations pursuant to
the Texas Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Michael Meyer\Henry) | Issue Agreed Order, JB/RM. All Commissioners Agree | Item
11.
| Docket No. 96-1353-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Northwest
Independent School District in Denton County, TNRCC Permit No.
11760-002; for violations pursuant to Chapter 26 of the Texas Water Code
and the rules of the Texas Natural Resource Conservation Commission. (Bill
Main\Henry) | Issue Agreed Order, JB/RM. All Commissioners Agree | Item
12.
| Docket No. 96-1354-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Coastwide
Marine Services, Inc. in Galveston County, TNRCC Permit No. 10931-001;
for violations pursuant to the Texas Water Code and the rules of the Texas
Natural Resource Conservation Commission. (Bill Main\Winter) | | Issue Agreed Order, JB/RM. All Commissioners Agree | Item
13.
| Docket No. 96-1442-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Participation Development Corporation (Texas), Inc. in Henderson County;
Permit No. 11506-001; for water quality violations pursuant to the Texas
Water Code 26 and the rules of the Texas Natural Resource Conservation
Commission. (Mary Smith\Henry) | Issue Agreed Order, JB/RM. All Commissioners Agree | Item
14.
| Docket No. 96-1148-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of City of
Ballinger in Runnels County, Permit No 10325-003; for violations pursuant
to the Texas Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Lin Zhang\Henry). | Issue Agreed Order, JB/RM. All Commissioners Agree | Item
15.
| Docket No. 96-1056-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Greg
Spears dba Scenic Point Northview; Palo Pinto County, No TNRCC Permit;
for violations pursuant to the Texas Water Code and the rules of the Texas
Natural Resource Conservation Commission. (Pamela Campbell\Keils) | Issue Agreed Order, JB/RM. All Commissioners Agree |
| CONTESTED (Air Enforcement Agreed Order) | Item
16.
| Docket No. 96-1249-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Boerne Trailer
Manufacturing, Inc. in Bexar County; Account No. BG-0877-U; 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. (Sheila Smith) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item
17.
| Docket No. 96-1185-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Akzo Nobel
Chemicals, Inc. in Harris County, Account No. HG-0037-Q; for air quality
violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of
the Texas Natural Resource Conservation Commission. (Randy Norwood) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item
18.
| Docket No. 96-1016-AIR-E. Consideration of an Agreed Order requiring
certain actions of Cars Like New, Inc. in Harris County; Account No.
HX-0644-T; for air quality violations pursuant to the Texas Clean Air Act,
Chapter 382 and the rules of the Texas Natural Resource Conservation
Commission. (Miriam Hall) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item
19.
| Docket No. 96-0862-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Brite-Sol Services,
Incorporated in Brazoria County; Account No. BL-0363-G; 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. (Sheila Smith) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item
20.
| Docket No. 96-1268-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Dallas Marble,
Incorporated in Dallas County; Account No. DB-1604-C; for air quality
violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of
the Texas Natural Resource Conservation Commission. (David Edge) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item
21.
| Docket No. 96-1269-AIR-E. Consideration of an Agreed Order requiring
certain actions of Lane Supply Company, Inc. in Tarrant County; Account
No. TA-2084-T; for air quality violations pursuant to the Texas Clean Air
Act, Chapter 382 and the rules of the Texas Natural Resource Conservation
Commission. (David Edge) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item
22.
| Docket No. 96-0619-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Hydro-Action,
Incorporated in Hardin County; Account No. HF-0120-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. (Sheila Smith) | Issue Agreed Order, RM/BM. All Commisisoners Agree | Item
23.
| Docket No. 96-1073-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of O.K. Auto Sales in
El Paso County; Account No. EE-1552-P; 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. (Sheila
Smith) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item
24.
| Docket No. 96-0921-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Norton Crushing,
Inc. in Kaufman County; Account No. 92-2193-C; for air quality violations
pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas
Natural Resource Conservation Commission. (David Edge) | | Remand to Executive Director, RM/BM. Commissioner Marquez withdrew his
motion and Chairman McBee withdrew his Second. Issue Agreed Order, RM/BM.
All Commissioners Agree. | Item
25.
| Docket No. 96-1582-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Southwest Toyota,
Jeep, Eagle in Parker County; Account No. PC-0194-M; for air quality
violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of
the Texas Natural Resource Conservation Commission. (Mary Jennings) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item
26.
| Docket No. 96-0791-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Simpson Pasadena
Paper Company in Harris County; Account No. HG-0129-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. (Sheila Smith) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item
27.
| Docket No. 96-1121-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Witco Corporation
in Tarrant County; Account No. TA-0273-F; for air quality violations
pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas
Natural Resource Conservation Commission. (Carl Schnitz) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item
28.
| Docket No. 96-1433-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Mr. Aubrey Stamps, former owner of Safety
Motors, Inc. in Tarrant County; Account No. TA-1124-Q; 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. (Patricia Capps Welton). | Issue Agreed Order, RM/BM. All Commissioners Agree | Item
29.
| Docket No. 96-1765-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of W.A. McKenzie
Asphalt Company in Hunt County, Account No. HV-0044-C; 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. (Nolan F. Ward). | | Issue Agreed Order, RM/BM. All Commissioners Agree | Item
30.
| Docket No. 96-1434-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Country Club
Motors in Harris County; Account No. HG-3828-C; 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. (Patricia Capps Welton). | Issue Agreed Order, RM/BM. All Commissioners Agree | Item
31.
| Docket No. 96-1173-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Cargill, Incorporated
in Hansford County; Account No. HD-0017-J; for air quality violations
pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas
Natural Resource Conservation Commission. (Kevin Cauble) | Issue Agreed Order, RM/BM. All Commissioners Agree |
| CONTESTED (Petroleum Storage Tank Enforcement Agreed Order) | Item
32.
| Docket No. 96-1225-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Husein Abdel-Latif
in Harris County; PST Enforcement Identification No. 1200030; for
petroleum storage tank violations pursuant to the Texas Water Code,
Section 26.136, and the rules of the Texas Natural Resource Conservation
Commission. (Craig Carson) | Issue Agreed Order, BM/JB. All Commissioners Agree | Item
33.
| Docket No. 96-0553-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Ali Rajab A. in
Galveston County; PST Enforcement Identification No. 1200028; for
petroleum storage tank violations pursuant to the Texas Water Code,
Section 26.136, and the rules of the Texas Natural Resource Conservation
Commission. (Craig Carson) | Issue Agreed Order, BM/JB. All Commissioners Agree | Item
34.
| Docket No. 96-1224-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Chung Woo Lee
in Harris County; PST Enforcement Identification No. 1200029; for
petroleum storage tank violations pursuant to the Texas Water Code,
Section 26.136, and the rules of the Texas Natural Resource Conservation
Commission. (Craig Carson) | Issue Agreed Order, BM/JB. All Commissioners Agree | Item
35.
| Docket No. 96-1380-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Sam Pilkington in
Bell County; PST Enforcement Identification No. E11626; 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, BM/JB. All Commissioners Agree | Item
36.
| Docket No. 96-1506-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Zinco, Inc. in
Lubbock County; PST Enforcement Identification No. E11369; for
petroleum storage tank violations pursuant to the Texas Water Code,
Section 26.136, and the rules of the Texas Natural Resource Conservation
Commission. (Craig Carson) | Issue Agreed Order, BM/JB. All Commissioners Agree | Item
37.
| Docket No. 96-1379-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Sam Pilkington in
Bell County; PST Enforcement Identification No. E11627; 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, BM/JB. All Commissioners Agree | Item
38.
| Docket No. 96-0389-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Ryder Truck Rental,
Inc. in Hidalgo County; PST Enforcement Identification No. E11505; for
petroleum storage tank violations pursuant to the Texas Water Code,
Section 26.136, and the rules of the Texas Natural Resource Conservation
Commission. (Srini Kusumanchi) | Issue Agreed Order, BM/JB. All Commissioners Agree | Item
39.
| Docket No. 96-7800-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Lucky Lady Oil
Company in Tarrant County; Enforcement ID No. E10829; 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, BM/JB. All Commissioners Agree | | Item
40.
| Docket No. 96-1551-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Jack E. Briscoe
in Denton County; PST Enforcement Identification No. E11675; for
petroleum storage tank violations pursuant to the Texas Water Code,
Section 26.136, and the rules of the Texas Natural Resource Conservation
Commission. (Connie Wong) | Issue Agreed Order, BM/JB. All Commissioners Agree | Item
41.
| Docket No. 96-1616-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Glen Hill in
Lamar County; PST Enforcement Identification No. E11134; for petroleum
storage tank violations pursuant to the Texas Water Code, Section 26.136,
and the rules of the Texas Natural Resource Conservation Commission.
(Srini R. Kusumanchi) | Issue Agreed Order, BM/JB. All Commissioners Agree |
| CONTESTED (Petroleum Storage Tank Enforcement Default Order) | Item
42.
| Docket No. 96-1203-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Juanita Mora;
Enforcement ID No. E10884; for petroleum storage tank violations pursuant
to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural
Resource Conservation Commission. (Lisa Newcombe). | Issue Default Order, RM/JB. All Commissioners Agree |
| CONTESTED (RULES) | Item
43.
| Docket No. 96-1866-RUL. Consideration for publication of, and hearing
upon, the proposed repeal of 30 TAC Chapter 101, Section 101.6,
concerning Notification Requirements for Major Upset, and Section 101.7,
concerning Notification Requirements for Maintenance; a new 30 TAC
Chapter 101, Section 101.6, concerning Upset Reporting and
Recordkeeping Requirements, and Section 101.7, concerning Maintenance,
Start-up and Shutdown Reporting, Recordkeeping, and Operational
Requirements; and amendments to 30 TAC Chapter 101, Section 101.1,
concerning Definitions, and Section 101.11, concerning Exemptions from
Rules and Regulations; and revisions to the State Implementation Plan. If
approved, the proposed rules would clarify when and how unauthorized
emissions must be reported, considering reporting requirements found in
other state and federal regulations, enhancement of compliance, and
utilization of agency resources. (Beecher Cameron) (Rule Log No.
96154-101-AI). | | Proceed with publication and hearing, BM/RM. All Commissioners Agree | Item
44.
| Docket No. 96-1055-RUL. Consideration for adoption of new 30 TAC
Chapter 210, relating to Use of Reclaimed Water; and the repeal of 30 TAC
Chapter 310, relating to the Use of Reclaimed Water. If approved, the new
chapter would establish criteria for authorization of reclaimed water
activities. The new chapter would authorize additional alternative reclaimed
water uses not currently authorized by Chapter 310. The proposal was
published in the July 26, 1996 issue of the Texas Register (21 TexReg
6961). (Tom Weber) (Rule Log No. 95121-210-WT). | | Approve Staff Recommendation, RM/JB. | | Item
45.
| Docket No. 96-1521-RUL. Consideration for adoption of an amendment to
30 TAC Section 114.3, regarding Vehicle Emissions Inspection
Requirements. If adopted, the amendment would revise the definition of
"primarily operated" to specify that the vehicle emissions inspection
requirements apply to affected vehicles operated at least 60 calendar days of
the year within a core program area rather than 60 continuous days. The
proposal was published in the October 22, 1996, issue of the Texas Register
(21 TexReg 10369). (Thomas Ortiz/Lisa Evans) (Rule Log No.
96166-114-AI). | Approve Adoption, RM/BM. All Commissioners Agree | Item
46.
| Docket No. 96-1403-RUL. Consideration for adoption of amendments to
30 TAC Chapter 281, Section 281.22, concerning Referral to Commission;
for adoption of amendments to 30 TAC Chapter 305, Subchapter B,
concerning Emergency Orders, Temporary Orders, and Executive Director
Authorizations; Subchapter D, concerning Amendments, Renewals,
Transfers, Corrections, Revocation, and Suspension of Permits; Subchapter
F, concerning Permit Characteristics and Conditions; and Subchapter H,
concerning Additional Conditions for Injection Well Permits; and for
adoption of a new 30 TAC Chapter 305, Subchapter D, Section 305.72,
concerning Underground Injection Control (UIC) Permit Modifications at
the Request of the Permittee. If approved, these rules would update UIC
program requirements to comply with federal requirements and provide
minor editorial clarifications and corrections. The proposed rules were
published in the October 11, 1996, issue of the Texas Register (21 TexReg
9756). (Kathy Vail)(Rule Log No. 96140-281-WS). | Approve Adoption, JB/RM. All Commissioners Agree | Item
47.
| Docket No. 96-1892-RUL. Consideration for publication of, and hearing
upon, a proposed new 30 TAC Chapter 52, concerning Compliance History;
and for publication of, and hearing upon, the proposed repeal of 30 TAC
Chapter 116, Subchapter A, Section 116.11, concerning Compliance History
Definitions, and Subchapter B, Sections 116.120-116.126, concerning
Compliance History; and for revisions to the State Implementation Plan.
The rules would establish a uniform rule to ensure the consistent
consideration of compliance history across all agency program areas in
contested case hearings on permit applications and enforcement actions and
remove duplicative requirements in Chapter 116. (William Foster)(Rule Log.
No. 96182-052-AD). | Continued to February 5, 1997, JB/BM. All Commissioners Agree | Item
48.
| Docket No. 96-1371-RUL. Consideration for approval of a petition by 3M
Company under 30 TAC Chapter 115, Subchapter G, Section 115.613(c),
concerning Alternate Control Requirements. Approval would authorize 3M
to develop, test, and market two spray adhesive products by July 1, 1997,
and delay compliance with the volatile organic compound emission limits in
Section 115.612(a)(1) of the Chapter 115 consumer products rule. (Mike
Magee) (Rule Log No. 96152-115-SIP). | Continued to January 22, 1997, BM/RM. All Commissioners Agree | Item
49.
| Docket No. 96-1769-RUL. Consideration for publication of, and hearing
upon, a new 30 TAC Chapter 32, concerning Transfers of Permits, Licenses,
and Other Authorizations; and for publication of, and hearing upon,
proposed amendments to 30 TAC Chapter 116, concerning Control of Air
Pollution by Permits for New Construction or Modification; 30 TAC
Chapter 291, concerning Water Rates; 30 TAC Chapter 293, concerning
Water Districts; 30 TAC Chapter 297, concerning Water Rights,
Substantial; 30 TAC Chapter 303, concerning Operation of the Rio Grande;
30 TAC Chapter 304, concerning Watermaster Operations; 30 TAC Chapter
305, concerning Consolidated Permits; 30 TAC Chapter 312, concerning
Sludge Use, Disposal, and Transportation; 30 TAC Chapter 321, concerning
Control of Certain Activities by Rule; and 30 TAC Chapter 330, concerning
Municipal Solid Waste; and 30 TAC Chapter 70, concerning Enforcement.
The primary purpose of the proposed new chapter and proposed
amendments is to consolidate and streamline requirements for transfers of
permits, licenses and other authorizations. (Vic Ramirez) (Rule Log No.
96147-032-AD). | Go Forward with Publication and Hearing, BM/RM. All Commissioners Agree |
| EXECUTIVE SESSION | Item
50.
| Docket No. 97-0002-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
51.
| Docket No. 97-0003-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 MAKE.) |
| 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
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ITEM. | |
Item carried forward from Agenda of December 4, 1996. | |
Item 1. | Docket No. 96-1480-UCR. Consideration of Motions for Reconsideration of the Executive Director's approval of the application of Travis County Municipal Utility District No. 4 to operate and maintain facilities and transfer sewer Certificate of Convenience and Necessity (CCN) No. 20654 from the Estates of Barton Creek Utilities, Inc. in Travis County, Texas. |
Motion for Reconsideration Withdrawn, No Action Required. | |
Item carried forward from Agenda of December 4, 1996. | |
Item 2. | Docket No. 96-1887-CON. Consideration of a request for an appropriation to compensate MARTA Technologies, Inc. in accordance with section 9.3 of the Contract for the Motor Vehicle Inspection/Maintenance Program, State of Texas, El Paso Region. |
Approve Staff Recommendation, RM/JB. All Commissioners Agree |
Item 1. | TNRCC Docket No. 96-0394-PST-E; SOAH Docket No.582-96-1464. Consideration of Administrative Law Judge's Proposal For Decision & Order concerning the Petition of the Executive Director of the TNRCC for an order assessing administrative penalties and requiring certain actions of Domestic Engineering of Texas, Inc. Detex Environmental, Inc., Jerry Earl Latham, Jerrel Frank Latham, Roy O'Neal Moody, and Ian Evans in Montogomery County, Texas. Penalty Requested: $25,450.88; revocation of contractor registration and installer/on site supervisor licenses. Recommendation: Issuance of enforcement order. (ALJ) Sylvia McClellan |
Adopt Proposal for Decision and Issue Order with corrections as recommended by Executive Director with exceptions to Finding of Fact #3, RM/BM. All Commissioners Agree | |
Item 2. | SOAH Docket No. 582-96-1290; TNRCC Docket No. 96-0466-MSW. Consideration of ALJ's Proposal for Decision and Order Concerning the limited question of whether requests for hearing on the application of MLB Investments Inc. dba Enviro Waste Management MSW Permit No. 2250 to authorize the operation of a Municipal Solid Waste Type V in Travis County, Texas meet the applicable requirement to warrant granting a hearing on the merits. Recommendation: Yes. Protestants have met requirements to show they have a justiciable interest and should be granted a hearing on the merits. (ALJ): Leslie Craven |
Adopt Proposal for Decision and Issue Order, RM/JB. All Commissioners Agree |
Item 52. | Docket No. 97-0005-EXE.The Texas Natural Resource Conservation Commission will meet in closed session 1) to receive legal advice on the petition of the Environmental Defense Fund to withdraw EPA delegation of the Underground Injection Control programs of the Texas Natural Resource Conservation Commission under the Safe Drinking Water Act. The Commission will also receive legal advice on issues related to EPA delegation to the Commission of the hazardous waste program as authorized under Section 3006 of the Resource Conservation and Recovery Act, and on issues related to the Commission's application submitted to the EPA concerning delegation of the National Pollutant Discharge Elimination System program to the Commission; and 2) to discuss following pending litigation: The Texas Natural Resource Conservation Commission and the State of Texas vs. United States Environmental Protection Agency, No. 96-60544, in the United States Court of Appeals for the Fifth Circuit; The Texas Natural Resource Conservation Commission and the State of Texas vs. Carol Browner, Administrator of the United States Environmental Protection Agency and the United States Environmental Protection Agency, No. 96-1283, in the United States Court of Appeals for the District of Columbia Circuit; The Texas Natural Resource Conservation Commission and the State of Texas vs. Carol Browner, Administrator of the United State Environmental Protection Agency and the United States Environmental Protection Agency, No. 96-1304, in the United States Court of Appeals for the District of Columbia Circuit. The authority for this meeting is 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 Government Code. |
No Action Taken |
Item carried forward from Agenda of January 3, 1997. | |
Item 3. | Docket No. 97-0002-EXE. The Commission will meet in closed session to deliberate the appointment of a 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. |
Continued to January 13, 1997 |