MCBEE
MARQUEZ
BAKER
AGENDA

Wednesday, January 8, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

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
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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, Janaury 8, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N Interstate

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


AGENDA

Wednesday, January 8, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12118 N. Interstate 35

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


ADDENDUM TO AGENDA

Wednesday, January 8, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate

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


ADDENDUM TO OLD BUSINESS AGENDA

Wednesday, January 8, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

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