| Item 1. | Docket No. 97-0874-BGT. Consideration of Internal Audit FY98\99 Plan. |
| Item 2. | Docket No. 97-0291-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING AN APPLICATION BY HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 70 FOR APPROVAL TO LEVY A STANDBY FEE. For Commission consideration. Applicant requests Commission approval to levy the maximum allowable uniform standby fee to supplement the operations and maintenance account. (TNRCC Internal Control No. 121196-D02, Robert Cummins) |
| Item 3. | Docket No. 97-0797-IWD. Request by HILLMAN SHRIMP AND OYSTER CO. for an amendment without renewal to Permit No. 03749 to increase the limitation for flow at Outfall 001 from a daily average of 0.008 million gallons per day (MGD) to a daily average of 0.070 MGD, and to add effluent generated at Hillman's Seafood & Cafe, Inc. to discharge at Outfall 001. The permit authorizes the discharge of seafood washwater, domestic wastewater and effluent from Hillman's Seafood & Cafe, Inc. at a daily average flow of 0.070 MGD. The permittee operates a fresh and frozen seafood processing and wholesale plant. The plant site is located at 10700 Hillman Drive, approximately 0.7 miles south-southeast of the intersection of State Highway 146 and FM Road 517, in the City of Texas City, Galveston County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. |
| Item 4. | Docket No. 97-0793-AIR. ODELL GEER CONSTRUCTION COMPANY INC. for Air Quality Permit No. 31490 which will authorize construction of a Rock Crusher. The proposed facility is located two miles west of Prairie Dell, off Solana Ranch Road in Prairie Dell, Bell County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Laura Rowan/ David Lusk) |
| Item 5. | Docket No. 97-0867-IHW. Consideration of an application by Phillips 66 Company for a Class 2 modification to permit HW-50254-000 in accordance with 30 TAC Sections 39.107 and 305.69(c). The permit authorizes the operation of an industrial solid waste management facility for post-closure care. The permit modification will authorize the addition of BTEX (Benzene, Toluene, Ethylbenzene, Xylene) to the ground-water monitoring parameters in their detection monitoring parameters. The request was made because the detection monitoring parameters, Chloride and Sulfate, were too general to provide for adequate post-closure care ground-water monitoring. The facility is located at State Highway Spur 119 North, Borger, Hutchinson County, Texas. (John Clegg) |
| Item 6. | Docket No. 97-0342-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Austin Countertops, Incorporated in Travis County; Account No. TH-0247-V; 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. (Carl Schnitz) |
| Item 7. | Docket No. 97-0173-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Caldwell/VSR, Incorporated in Hidalgo County; Account No. HN-0371-V; 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. (Carl Schnitz) |
| Item 8. | Docket No. 97-0200-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Commercial Metals-Austin Inc. in Travis County; Account No. TH-0067-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. (Tel Croston) |
| Item 9. | Docket No. 97-0375-AIR-E. Consideration of an Agreed Order requiring certain actions of Pero Trailer Manufacturing, Incorporated in Collin County; Account No. CP-0359-F; 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. (Tel Croston) |
| Item 10. | Docket No. 96-1659-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southern Star Paint and Body Shop in Galveston County; Air Account No. GB-0505-H; for air 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. (Booker Harrison) |
| Item 11. | Docket No. 96-1817-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Carl Sims and Sons and Frankie Sims in Tarrant County; Air Account No. TA-2131-M; for air 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. (Booker Harrison) |
| Item 12. | Docket No. 97-0136-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of C&J Autosales in Tarrant County; Air Account No. TA-2888-R; for air 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. (Booker Harrison) |
| Item 13. | Docket No. 97-0707-RES. Consideration of a resolution relating to appointment of members to the Waste Reduction Advisory Committee. (Ken Zarker) |
| Item 14. | Docket No. 97-0870-RES. Consideration of a Resolution continuing the existence and abolishing certain commission advisory committees. This action will continue the existence of the following commission advisory committees for four years from the date the resolution is issued: Weather Modification Advisory Committee, Waste Reduction Advisory Committee, Municipal Solid Waste Management and Resource Recovery Advisory Council, Small Business Compliance Advisory Panel, and Agriculture Advisory Committee. This action will continue the existence of the Irrigators Advisory Council until February 1, 1999 and the Advisory Committee for Water Utility Operator Certification until August 31, 1998. This action will abolish the following commission advisory committees: Petroleum Storage Tank Advisory Committee, Local Government Advisory Committee, Water Well Drillers Advisory Council, Border Affairs Committee, Clean Air Act Implementation Advisory Committee, Task Force for the 21st Century. (Kadas/Pantelis) |
| Item 15. | Docket No. 97-0310-RUL. Consideration for adoption of amendments to 30 TAC Chapter 101, Section 101.1, concerning Definitions; Section 101.24, concerning Inspection Fees; and Section 101.27, concerning Emissions Fees; and revisions to the State Implementation Plan. If adopted, the amendments would change the definition of "account" to allow it to remain the key identifier in the air permit data base, change language in Sections 101.24 and 101.27 to be consistent with the new definition of "account" and with definitions in Section 101.1, concerning areas failing to meet national ambient air quality standards for ozone, and update cross-references. The proposal was published in the June 24, 1997, issue of the Texas Register (22 TexReg 6006). (Beecher Cameron)(Rule Log No. 97124-101-AI). |
| Item 16. | Docket No. 97-0814-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 344, Sections 344.2, 344.43, 344.56, 344.73, and 344.75, concerning Landscape Irrigators. The proposed amendments would implement recent legislative changes made to Texas Water Code, Section 34.002(a), regarding exemptions from the registration requirements. The proposed amendments would also clarify requirements for registration/licensure of irrigators and installers and clarify backflow prevent requirements. (Robert Tinstman) (Rule Log No. 97145-344-WT). |
| Item 17. | Docket No. 97-0869-RUL. Consideration of a petition for rulemaking, filed by Representative Jim Pitts, to adopt amendments to 30 TAC section 80.105(b)(1), which requires SOAH judges to accept public comment at preliminary hearings. Representative Pitts seeks to have public comment received by someone other than SOAH judges. Staff recommends granting the petition. (David Duncan) |
| Item 18. | Docket No. 97-0865-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 324, Sections 324.4 and 324.11-324.14, concerning Used Oil Recycling; the proposed repeal of 30 TAC Chapter 324, Sections 324.17-324.20, concerning Criminal Penalties, Civil Penalty, Injunctive Relief, and Venue; proposed new 30 TAC Chapter 324, Section 324.22, concerning Financial Responsibility Technical Requirements; and proposed new 30 TAC Chapter 37, Sections 37.2001, 37.2011, and 37.2021, concerning Financial Assurance. The proposed amendments, repeals, and new sections implement Texas Health and Safety Code Chapter 371, Section 371.026, concerning Registration and Reporting requirements of Used Oil Handlers Other Than Generators (as effective September 1, 1997). The proposed changes would primarily implement one-time registration for used oil handlers, eliminate used oil handler reporting except for the federally required biennial report from used oil processors and refiners, and implement state required financial responsibility. (Debbie Bohl) (Rule Log No. 97141-324-WS). |
| Item 19. | Docket No. 97-0872-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. |
| Item 20. | Docket No. 97-0873-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. |
| Item 21. | Docket No. 97-0839-AIR. Consideration of the request of Solar Turbines, Inc. for a determination and order under 30 TAC §101.11(e) granting an exemption from compliance with 30 TAC §111.155. If granted, the order would allow Solar Turbines to perform limited outdoor blast cleaning and painting at their Turbo Fab facility in Channelview, Harris County, Texas. (Dan Wittliff, David Duncan) |
| Item 22. | Docket No. 97-0812-RES. Consideration of an amendment to the Commission resolution adopted on September 2, 1997, which created a committee to advise the Commission on the development of a voluntary emissions reduction plan for the permitting of existing significant sources, as required by H.B. 3019, 75th Legislature. The amendment would modify item 11 of the resolution, in order to facilitate the reimbursement of travel expenses. (Dan Eden) |
| Item 1. | TNRCC Docket Nos. 96-0325-PST-E; 96-0326-PST-E; 96-0329-PST-E; SOAH Docket No. 582-97-0978; 582-97-0979; 582-97-0980. Consideration of Administrative Law Judge's Proposal for Decision and Orders concerning the petition of the Executive Director of the Texas Natural Resource Conservation Commission for an order assessing penalties against Jim Wafer Oil Co., Inc., and requiring certain actions in Reeves County, Texas. Penalty requested: $19,750. Recommendation: Approval of penalty in the amount of $19,750. (M. Rogan) |
| Item 2. | TNRCC Docket No. 96-1291-AIR-E; SOAH Docket No. 582-97-1204. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the Petition of the Executive Director of the Texas Natural Resource Conservation Commission for an order assessing penalties against Allphaz Coatings, Inc. and requiring certain actions in Orange County, Texas. Penalty requested $9,300.00. Recommendation: Approval of penalty in the amount of $9,300. (S. Ramos) |
| Item 3. | TNRCC DOCKET NO. 96-0199-MSW; SOAH DOCKET NO. 582-96-0502. The Commission will consider a motion for rehearing concerning the application by Browning-Ferris, Inc. for Permit No. 1663-B. BFI applied to expand its municipal solid waste facility near the City of Canyon, Randall County, and to allow upgrades of the facility. The Commission's order approving the application was mailed on July 31, 1997. |
| Item 4. | Docket No. 96-0733-UCR. Consideration of a Motion for Rehearing filed by Travis County Water Control and Improvement District No. 14 (Travis County WCID No. 14) regarding the Commission's order issued July 15, 1997 concerning the applications by the Village of Bee Cave for a certificate of convenience and necessity (CCN) to provide water service in Travis County and by the Travis County WCID No. 14 for an amendment to its CCN No. 11322 to provide water service in Travis County, Texas. |
| Item 1. | Docket No. 97-0894-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission’s Executive Director 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, Chapter 551 of the Government Code. |
| Item 2. | Docket No. 97-0895-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission’s Deputy Executive Director 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, Chapter 551 of the Government Code. |
| Item 1. | Docket No. 97-0763-AIR. THE GEON COMPANY for renewal of Permit No. 3855B for an existing Vinyl Chloride Monomer Production Unit. The existing facility is located at 2400 Miller Cutoff Road, La Porte, Harris County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Scott Humphrey/Timothy Friday) |
| Item 2. | Docket No. 97-0286-RUL. Consideration for adoption of amendments to 30 TAC Chapter 334, Subchapter H, Sections 334.309, 334.310, 334.322, concerning the Reimbursement Program; for repeal of 30 TAC Chapter 334, Subchapter M, Section 334.560, concerning Reimbursable Cost Guidelines for the Petroleum Storage Tank Reimbursement Program; and for adoption of new 30 TAC Chapter 334, Subchapter M, Section 334.560, concerning Reimbursable Cost Guidelines for the Petroleum Storage Tank Reimbursement Program. If approved, the amendments, repeal, and new section would update the Reimbursable Cost Guidelines to reflect current market costs for corrective action activities and make minor amendments to clarify and streamline the rules regarding the reimbursement of corrective action activities in the petroleum storage tank program. The proposed rules were published in the May 27, 1997, issue of the Texas Register (22 TexReg 4559). (Dan Neal)(Rule Log No. 97101-334-WS). |