OLD BUSINESS AGENDA


Wednesday, February 4, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12100 Park 35 Circle

Item carried forward from Agenda of November 19, 1997 and December 17, 1997.

Item 1.   Docket No. 97-1043-CON. Consideration of authorizing the Executive Director to execute a contract amendment to CF Environmental Corporations Remediation Contract for treatment of soils at the United Creosoting Superfund Site in Conroe, Montgomery County, Texas. (Dan Wittliff)

Continued to Feb 5, work session

Item carried forward from Agenda of January 22, 1998.

Item 2.   Docket No. 97-0302-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Ali Momin dba KMS Kwik Stop No. 2 in Fort Bend County; PWS No. 0790177; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item carried forward from Agenda of January 22, 1998.

Item 3.   Docket No. 97-0690-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Dean Kersh in Brazoria County; Enforcement Identification No. 11717; 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, JB/RM. All Commissioners Agree



MCBEE
MARQUEZ
BAKER

CONTESTED AGENDA

Wednesday, February 4, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12100 Park 35 Circle


HEARING REQUEST

Item 1.   Docket No. 97-1179-MSW. THE GREASE SPECIALIST for a permit (Proposed Permit No. MSW2258) to authorize a Type VGG (grease and grit trap) municipal solid waste facility. The permittee will be authorized to store and process non-hazardous liquid wastes. The wastes authorized to be accepted and processed include grease trap waste, grit trap waste from commercial facilities such as car washes, and certain Class II nonhazardous industrial wastes (i.e., grease waste only); all as defined in 30 TAC Section 330.2. The maximum acceptance rate of liquid waste will be 208,000 gallons per month. The site will be authorized to operate the facility from 6:00 a.m. to 9:00 p.m., Monday through Sunday. The proposed site covers about 1.377 acres of land. The proposed waste management facility is located northwest of Mission, Texas, on Western Avenue, about 3.5 miles north of Farm-to-Market Road 2221 and 3.3 miles west of Farm-to-Market Road 681 in Hidalgo County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Vic Ramirez)

Remand to State Office Administrative Hearing

Item 2.   Docket No. 97-1189-UIC. LYONDELL PETROCHEMICAL COMPANY (Lyondell) for renewal of and major amendment to underground injection control Permit No. WDW-036 which authorizes subsurface disposal of hazardous and non-hazardous wastestreams generated by the permittee’s facilities. The applicant operates a chemical manufacturing facility which produces olefins, methanol, methyl tertiary butyl ether, benzene-toluene, polybutadiene, styrene-maleic anhydride, isopropyl alcohol, butadiene recovery, alkylation and isoprene recovery. The chemicals manufactured by Lyondell are used in plastics, gasoline, solvents, paints and rubber. Wastes disposed at the Channelview facility consist primarily of an olefins waste caustic solution that is generated when caustic is used to remove sulfur and acid gas compounds from process gases. The major amendment will authorize deletion from the permit of wastestreams that are no longer produced. The applicant also requests the flexibility to use WDW-036 for wastes from Lyondell’s other Texas plants in addition to the Channelview and Bayport facilities that are currently permitted. The authorized injection zone for WDW-036 is within the Frio Formation at the approximate subsurface depths of 4,900 to 6,900 feet. The authorized injection interval is with the Frio Formation at the approximate subsurface depths of 6,315 to 6,620 feet. The operating surface injection pressure shall not exceed 1,500 pounds per square inch gauge (psig). The maximum injection rate shall not exceed 350 gallons per minute. The maximum injection volume shall not exceed 13,392,000 gallons per month nor 157,680,000 gallons per year. The waste disposal well is located on Sheldon Road approximately one mile north from the intersection of U.S. 90 and Sheldon Road, approximately six miles north of Channelview, Harris County, Texas. The Commission will consider the application and the hearing requests filed on the application. (Angela Stepherson/Kathyrn Herzog)

Denying Hearing Request, Adopt ED Comments and Issue Permit, JB/BM. All Commissioners Agree

DISTRICT MATTERS

Item 3.   Docket No. 97-0887-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING AN APPLICATION BY BEXAR METROPOLITAN WATER DISTRICT OF BEXAR, ATASCOSA, AND MEDINA COUNTIES FOR APPROVAL TO LEVY IMPACT FEES. For Commission consideration. Applicant requests Commission approval to levy non-uniform impact fees ranging from $300 to $1,068 per ESFC. (TNRCC Internal Control No. 073097-D01, Samuel W. Jones)

No Action Required, ED Ask Referral to SOAH

Item 4.   Docket No. 98-0016-DIS. Consideration of a proposed Order Approving the Application by Block House Municipal Utility District of Williamson County for Approval of Amended Fire Protection Plan. For Commission consideration. Applicant requests approval of amended fire plan and approval of contract providing fire protection services. (TNRCC Internal Control No. 112697-D01, Sam Jones, P.E.)

Approve Proposed Order, RM/JB. All Commissioners Agree

MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS

Item 5.   Docket No. 97-0332-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Newark in Wise County; Water Quality Permit No. 11626-001; for water quality violations pursuant to the Texas Water Code 26.121 and the rules of the Texas Natural Resource Conservation Commission. (Mary Smith)

Agreed Order, BM/RM. All Commissioners Agree

Item 6.   Docket No. 97-0778-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Clayton, Williams and Sherwood, Inc. in Denton County; Permit No. 13043-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)

Issue Agreed Order, BM/RM. All Commissioners Agree

Item 7.   Docket No. 97-0736-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Harris County Municipal Utility District No. 182 in Harris County; Permit No. 12773-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)

Issue Agreed Order, BM/RM. All Commissioners Agree

Item 8.   Docket No. 97-0943-MWD-E. Consideration of an Agreed Order requiring certain actions of the City of Keene in Johnson County; Water Quality Permit No. 10611-002; for water quality violations pursuant to the Texas Water Code 26.121 and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves)

Remand to Executive Director

Item 9.   Docket No. 97-0915-MWD-E. Consideration of an Agreed Order requiring certain actions of the City of Angus, in Navarro County; Water Quality Permit No. 11698-001; for water quality violations pursuant to the Texas Water Code 26.121 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)

Issue Agreed Order, BM/RM. All Commissioners Agree

Item 10.   Docket No. 97-0464-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Edinburg in Hidalgo County; TNRCC Permit No. 10503-002; for water quality violations pursuant to the Texas Water Code 26.121 and the rules of the Texas Natural Resource Conservation Commission. (Bill Main)

Issue Agreed Order, JB/RM. McBee Voted No

Item 11.   Docket No. 97-0301-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Ladonia in Fannin County; Permit No, 10740-001; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe)
Issue Agreed Order, RM/JB. All Commissioners Agree

Item 12.   Docket No. 97-0858-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Sulphur Springs in Hopkins County; Permit No. 10372-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)

Issue Agreed Order, BM/RM. All Commissioners Agree

MUNICIPAL WASTE (AUTHORIZATION TO CONSTRUCT)

Item 13.   Docket No. 98-0051-MWD. Consideration of the City of Grapevine’s request for an Order authorizing commencement of a wastewater treatment and disposal facility expansion prior to Commission consideration of its application for a wastewater discharge permit. The proposed authorization to construct would not permit the discharge of any wastewater. (Fread Houston/Jon Foulds)

See Item 56

Item 14.   Docket No. 98-0052-MWD. Consideration of the United States Department of Agriculture’s request for an Order authorizing commencement of construction of a wastewater treatment and disposal facility prior to Commission consideration of its application for a wastewater discharge permit. The proposed authorization to construct would not permit the discharge of any wastewater. (Fread Houston/ Firoj Vahora)

See Item 57, Remand to ED

AIR ENFORCEMENT AGREED ORDERS

Item 15.   Docket No. 97-0515-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Amfels, Incorporated, in Cameron County; Air Account Number CD-0045-U; 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. (John Sadlier)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 16.   Docket No. 97-0602-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Delta Metalcraft, Incorporation in Tarrant County; Account No. TA-2055-D; 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. (Lawrence King)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 17.   Docket No. 97-0805-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Triple T Sandblasting in Parker County; Account No. PC-0231-I; 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)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 18.   Docket No. 97-0721-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Houston Lighting and Power Company in Limestone County; Account No. LI-0027-L; 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)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 19.   Docket No. 97-0575-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dreco, Incorporated in Harris County; Account No. HG-9664-M; 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. (Sheila Smith)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 20.   Docket No. 97-0483-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cafe Society Coffee Company in Dallas County; Air Account No. DB-3844-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. (Hodgson Eckel)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 21.   Docket No. 96-1682-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Team BBS Autoworks in Galveston County; Air Account No. GB-0597-W; 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. (Hodgson Eckel)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 22.   Docket No. 97-0021-AIR-E. Consideration of an Agreed Order assessing penalties and requiring certain actions of McKinney Grain Company in Collin County; Air Account No. CP-0163-B; 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. (Hodgson Eckel)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 23.   Docket No. 97-0340-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Advanced Aromatics, L. P. in Harris County; Air Account No. HG-0132-V; 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. (Hodgson Eckel)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 24.   Docket No 97-0643-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ethicon, Incorporated in Tom Green County; Air Account No. TG-0079-G; for quality violations pursuant to Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Adele Noel)

Issue Agreed Order, RM/JB. All Commissioners Agree

AIR ENFORCEMENT DEFAULT ORDER

Item 25.   Docket No. 97-0072-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Gilbert Garcia dba ABC Sandblasting in Travis County; Account No. TH-0641-N; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Hodgson Eckel)

Issue Default Order, JB/RM. All Commissioners Agree

INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER

Item 26.   Docket No. 97-0295-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sea Lion Technology, Inc. in Galveston County; Permit No. 03479; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 27.   Docket No. 97-0737-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Diamond Shamrock Refining and Marketing Company in Harris County; TNRCC Registration No. L-93684; for water quality violations pursuant to the Texas Water Code 26.121 and 30 Texas Admin. Code 321.133 and the rules of the Texas Natural Resource Conservation Commission. (Bill Main)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 28.   Docket No. 97-0717-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chevron U.S.A., Inc. in Harris County; TNRCC Registration No. DR-91163; for water quality violations pursuant to Texas Water Code 26.121 and 30 Texas Admin. Code 321.133 and the rules of the Texas Natural Resource Conservation Commission. (Bill Main)

Issue Agreed Order, JB/BM. All Commissioners Agree

PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS

Item 29.   Docket No. 97-0561-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Doyle Brooks dba Oakmont Wells Water System in Real County; PWS No. 1930015; for drinking water quality violations pursuant to the Texas Health & Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 30.   Docket No. 97-0144-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mo Ranch Presbyterian Assembly in Kerr County; PWS No. 1330054; for drinking water quality violations pursuant to Texas Health & Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 31.   Docket No. 97-0365-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Martindale Water Supply Corporation in Caldwell County; PWS No. 0280013; for drinking water quality violations pursuant to the Texas Health & Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 32.   Docket No. 97-0710-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bellewood Water Supply Corporation in Harris County; PWS No. 1011945; for drinking water quality violations pursuant to the Texas Health & Safety Code Chapter 341 and 30 Texas Admin. Code Chapter 290 and the rules of the Texas Natural Resource Conservation Commission. (Adele Noel)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 33.   Docket No. 96-1914-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Richard Micheletti and Palo Duro Service Company in Wise County; PWS No. 2490028; for drinking water supply violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Terry Thompson)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 34.   Docket No. 97-0711-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Five Land, Incorporated in Grimes County; PWS No. 0930045; for drinking water quality violations pursuant to the Texas Health & Safety Code Chapter 341 and 30 Texas Admin. Code Chapter 290 and the rules of the Texas Natural Resource Conservation Commission. (Adele Noel)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 35.   Docket No. 97-0709-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bill Taveneer dba Ferguson Enterprise in Harris County; PWS No. 1012430; for drinking water quality violations pursuant to Texas Health & Safety Code Chapter 341 and 30 Texas Admin. Code Chapter 290 and the rules of the Texas Natural Resource Conservation Commission. (Adele Noel)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 36.   Docket No. 97-0486-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Joaquin dba Halsam Community in Shelby County; PWS No. 2100034; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Tracy Harrison)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 37.   Docket No. 97-0594-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Blocker-Crossroads Water Supply Corporation in Harrison County; PWS No. 1020077; for drinking water quality violations pursuant to 30 Texas Health & Safety Code 341.031 and Texas Admin. Code 290.120(c)(5) and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)

Issue Agreed Order, JB/BM. All Commissioners Agree

PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDER

Item 38.   Docket No. 96-0555-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sadru N. Din in Harris County; Enforcement ID No. 4772; for PST violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe)

Issue Agreed Order, JB/BM. All Commissioners Agree

PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER

Item 39.   Docket No. 96-1042-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Shaw Gas Mart, Inc. Harris County; Facility ID No. 51144; 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

MULTI-MEDIA ENFORCEMENT AGREED ORDER

Item 40.   Docket No. 97-0403-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dresser Industries, Incorporated in Harris County; SWR #30619, Petroleum Storage Tank Owner I.D. 49754, for waste violations pursuant to the Texas Solid Waste Disposal Act, Texas Health & Safety Code, Chapter 361, Texas Water Code Chapter 26 and the rules of the Texas Natural Resource Conservation Commission. (Adele Noel)

Issue Agreed Order, RM/JB. All Commissioners Agree

INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER

Item 41.   Docket No. 97-0620-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of ZTT Minerals, Incorporated in Burleson County; Solid Waste Registration No. 41707 and Hazardous Waste Permit No. HW-50360; for industrial & hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Texas Health & Safety Code Chapter 361, Texas Water Code Chapter 26 and the rules of the Texas Natural Resource Conservation Commission. (Sabelyn Pussman)

Issue Agreed Order, RM/BM. All Commissioners Agree

WATERWORKS OPERATION CERTIFICATION AGREED ORDER

Item 42.   Docket No. 97-0704-WTR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Billy Jack Holt in Ellis County; Waterworks Operator Certification No. 458-54-6640; for public drinking water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Terry Thompson)

Issue Agreed Order, BM/RM. All Commissioners Agree

RESOLUTION

Item 43.   Docket No. 98-0040-RES. Consideration of approving a resolution for two candidates considered for appointment to the Waste Reduction Advisory Committee (WRAC). (Ken Zarker)

Adopt Resolution, JB/RM. All Commissioners Agree

AGRICULTURAL MATTER

Item 44.   Docket No. 98-0041-AGR. The Commission will consider publication of notice and the holding of a public meeting on a proposed general permit to be issued under Texas Water Code section 26.040. The proposed general permit would authorize the discharge of waste into or adjacent to the waters of the state. The general permit would apply to the entire state of Texas and would authorize discharges by confined or concentrated animal feeding operations.

Continued to Feb 18, 1998

RULES

Item 45.   Docket No. 98-0006-RUL. Consideration for publication of, and hearing upon, revisions to 30 TAC Chapter 106, including proposed new Section 106.226, concerning Paints, Varnishes, Ink and Other Coating Manufacturing, and new Section 106.375, concerning Aqueous Solutions for Electrolytic and Electroless Processes; amendments to Section 106.351, concerning Salt Water Disposal (Petroleum), Section 106.435, concerning Classic or Antique Automobile Restoration Facility, and Section 106.477, concerning Anhydrous Ammonia; and the repeal of the existing 30 TAC Chapter 106, Sections 106.226 and 106.375. The proposed rules would reduce the risk of human exposure to harmful substances and the chance of nuisances. The amendment to Section 106.435 is an administrative correction. (Beecher Cameron) (Rule Log No. 97180-106-AI).

Approve Publication and Hearing, RM/JB. All Commissioners Agree

Item 46.   Docket No. 98-0063-RUL. Consideration of a petition for rulemaking, filed by the City of Austin, Texas to adopt amendments to 30 TAC Chapter 216, Subchapter A, Section 216.3(d), concerning Designation of Water Quality Protection Zones. The Petitioner proposes to amend the subsection to require an applicant to include in its application a comprehensive list of applicable commission regulations, state laws, and federal laws in effect at the time the zone is designated relating to water quality and describe how the plan will comply with each law or regulation. If granted, the agency would initiate rulemaking proceedings in accordance with the Administrative Procedures Act. (Nina Fantl) (Rule Log No. 97187-216-WT)

Grant petition for rulemaking, with recommendations to ED Staff from Commissioners, JB/BM. All Commissioners Agree

Item 47.   Docket No. 98-0064-RUL. Consideration of a petition for rulemaking, filed by the City of Austin, Texas, to adopt amendments to 30 TAC Chapter 216, Subchapter A, Section 216.6(b), concerning Water Quality Plan. The Petitioner proposes amendments to the subsection to require plans to include a description of all measures to be taken to protect groundwater in the zone. If granted, the agency would initiate rulemaking proceedings in accordance with the Administrative Procedures Act. (Nina Fantl) (Rule Log No. 97187-216-WT).

Deny Petition for Rulemaking, BM/JB. All Commissioners Agree

Item 48.   Docket No. 98-0065-RUL. Consideration of a petition for rulemaking filed by the City of Austin, Texas, to adopt amendments to 30 TAC Chapter 216, Subchapter A, Section 216.6(c), concerning Water Quality Plan. The Petitioner proposes to amend the subsection to require the executive director to deny approval of a water quality plan for a zone if a municipality begins annexation procedures for all or a portion of the zone. The application could be resubmitted if the applicant excluded acreage undergoing annexation. If granted, the agency would initiate rulemaking proceedings in accordance with the Administrative Procedures Act. (nina Fantl) (Rule Log No. 97187-216-WT)

Deny Petition for Rulemaking, BM/RM. All Commissioners Agree

Item 49.   Docket No. 98-0066-RUL. Consideration of a petition for rulemaking, filed by the City of Austin, Texas, to adopt amendments to 30 TAC Chapter 216, Subchapter A, Section 216.6(c)(1), concerning Water Quality Plan. The Petitioner proposes to amend the paragraph to add "conflict with commission rules," to the list of factors requiring denial of an applicant for approval of a water quality plan. If granted, the agency would initiate rulemaking proceedings in accordance with the Administrative Procedures Act. (Nina Fantl) (Rule Log No. 97187-216-WT)

Grant Petition for rulemaking with ED Language, JB/BM. All Commissioners Agree

Item 50.   Docket No. 98-0067-RUL. Consideration of a petition for rulemaking filed by the City if Austin, Texas, to adopt amendments to 30 TAC Chapter 216, Subchapter A, Section 216.7, concerning Action and Notice. The Petitioner proposes to amend the section to allow a municipality to request a contested case hearing on an application within its extraterritorial jurisdiction (ETJ). If granted, the agency would initiate rulemaking proceedings in accordance with the Administrative Procedures Act. (Nina Fantl) (Rule Log No. 97187-216-WT)

Deny Petition, JB/RM. All Commissioners Agree

Item 51.   Docket No. 98-0042-RUL. The Commission will consider publication in the Texas Register and the holding of a public meeting on proposed changes to 30 TAC Chapter 321, subchapters B and K concerning the discharge of waste into or adjacent to waters of the state by confined or concentrated animal feeding operations. The rules concern the authorization of such discharge by individual permit or by permit by rule. The proposed rule changes concern the Commission's response to the ruling in Accord Agriculture, Inc. v. TNRCC, the 353rd Judicial District Court, Travis County, Texas; Cause No. 96-00159.

Continued to February 18, 1998

Item 52.   Docket No. 98-0062-SIP. Consideration for publication of and hearing upon the proposed State Implementation Plan (SIP) concerning the Attainment Demonstration for the Houston/Galveston Ozone Nonattainment Area. This SIP will also substitute volatile organic compound or oxides of nitrogen reductions for certain elements to compensate for reductions that EPA plans to disapprove in the previous 9% SIP revisions. (Liz Hendler) (Rule Log No. 97184-SIP-AI).

Item will be considered on February 5, 1998 work session

EXECUTIVE SESSION

Item 53.   Docket No. 98-0070-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.

Continued to Work Session

Item 54.   Docket No. 98-0071-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.

Continued to Work Session

Item 55.   Docket No. 98-0043-EXE. The Commission will meet in closed session to receive legal advice concerning the following pending litigation: Accord Agriculture, Inc. v TNRCC, in the 353rd Judicial District Court, Travis County, Texas; Cause No. 96-00159. The authority for the closed session is Section 551.071 of the 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 Open Meetings Act.


No Action Taken

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ADDENDUM TO AGENDA

Wednesday, February 4, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12100 Park 35 Circle


Item 56.   Docket No. 98-0051-MWD. Consideration of the City of Grapevine's request for an Order authorizing commencement of an expansion of the Peach Street Wastewater Treatment Plant prior to Commission consideration of its application for a wastewater discharge permit. The wastewater treatment facilities are located immediately northwest of the intersection of North Scribner and Shady Brook Road in the City of Grapevine in Tarrant County, Texas. The proposed authorization to construct would not permit the treatment or discharge of any wastewater from the new construction. (Fred Houston/Jon Foulds)

Approve Order with changes, RM/JB. All Commissioners Agree

Item 57.   Docket No. 98-0052-MWD. Consideration of the United States Department of Agriculture's request for an Order authorizing commencement of construction of the Caney Creek Wastewater Treatment Facility prior to Commission consideration of its application for a wastewater discharge permit. The plant site is located in the Angelina National Forest, approximately 5.8 miles southeast of the intersection of State Highway 63 and Farm-to-Market Road 2743 near the Caney Creek Recreation Area, in the north side of Forest Service Road 336 and approximately 1,000 feet from Sam Rayburn Reservoir in Angelina County, Texas. The proposed authorization to construct would not permit the treatment or discharge of any wastewater. (Fread Houston/Firoj Vahora)

Remand to Executive Director

Item 58.   Docket No. 98-0090-RUL. Consideration of an amended petition for rulemaking, filed by the City of Austin, Texas, to adopt amendments to 30 TAC Chapter 216, Subchapter A, Section 216.6(b), concerning Water Quality Plan. The petitioner proposes amendments to the subsection to require plans to include a complete inventory of all groundwater resources and recharge features, a map depicting the surface gradients and direction of flow of groundwater, an environmental assessment detailing the activities to be conducted and probable impacts of the proposed project(s) on groundwater resources, a description of all best management practices available to protect groundwater resources to a standard of non-degradation with regard to both quality and quantity, and an identification of all downstream or downgrade landowners and users of groundwater who would be affected if resources were degraded in quality or quantity. If granted, the agency would initiate rulemaking proceedings in accordance with the Administrative Procedures Act. (Nina Fantl) (Rule Log No. 97187-216-WT)

Deny Petition, BM/JB. All Commissioners Agree


AGENDA

Wednesday, February 4, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
Room 201S, Bldg. E.
12100 Park 35 Circle


Item 1.   TNRCC Docket No. 96-1634-MSW; SOAH Docket No. 582-96-1760. Consideration of Administrative Law Judges' Proposal for Decision and Order concerning the Application of BMFS, INC. for Permit No. MSW-2249 to authorize the operation of a Municipal Solid Waste Type IV Site in Harris County, Texas. Recommendation: Denial of Permit (T. Broyles/C. Wood)

Adopt Administrative Law Judges Proposal for Decision and Issue Order with changes after approval from General Counsel, BM/RM. All Commissioners Agree