OLD BUSINESS AGENDA


Wednesday, March 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 February 18, 1998.

Item 1.   Docket No. 98-0013-MWD. Request by Aviation Utilities Services, Inc. for a new permit (proposed Permit No. 13920-01) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 0.09 million gallons per day. The applicant is also requesting a variance to the buffer zone requirements in accordance with 30 TAC Section 309.13(e)(1)(C). The wastewater treatment facility will serve an approximately 70-acre development project. The plant site is located approximately 4000 feet south of the intersection of State Highway 1171 and Interstate Highway 35W, 3000 feet east of Interstate Highway 35W and 2,500 feet west of the North West Regional Airport landing strip in Denton County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application.

Remand to Alternative Dispute Resolution party Elder Investment, if ADR fails forward to State Office Administrative Hearing and determine party status of other hearing request, RM. Motion amend to send to ADR, Elders only, deny hearing request of all others, ADR 4 to 6 weeks. BM/RM. All Commissioners Agree

Item carried forward from Agenda of February 18, 1998.

Item 2.   Docket No. 98-0083-IHW. Consideration of an application by ISK Biosciences Corporation (Houston) for a Class 3 modification to permit HW-50205 in accordance with 30 TAC Sections 39.109 and 305.69(d). The permit authorizes the operation of an industrial solid waste management facility. The modification will authorize the addition of the West Surface Impoundment to the permit and allow delay of closure of the impoundment so that it may be used for the management of non-hazardous industrial solid waste, increase the volume of waste stored in the Container Storage Area, and revise the personnel training plan, contingency plan and waste analysis plan. The facility is located at 2239 Haden Road on approximately 200 acres in Houston, Harris County, Texas. (John Clegg)

Issue Class 3 Mod, RM/JB. All Commissioners Agree

Item carried forward from Agenda of February 18, 1998.

Item 3.   Docket No. 94-0327-ISW-E. Consideration of a Proposed Order dismissing the Agreed Order dated December 11, 1995 in the matter of Union Pacific Railroad M.K. T. Rail Yard in Dallas County; SWR No. 81424. (Raymond Winter)

Issue Proposed Order as Recommended, BM/RM. All Commissioners Agree

Item carried forward from Agenda of February 18, 1998.

Item 4.   Docket No. 97-0766-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hoechst Celanese Chemical Group, Ltd. in Matagorda County; Account No. MH-0009-H; 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)

Approve Agreed Order, RM/JB. All Commissioners Agree



MCBEE
MARQUEZ
BAKER        

CONTESTED AGENDA

Wednesday, March 4, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 A.M.
Bldg E. Room 201S
12100 Park 35 Circle


(Class 3 Modification to Compliance Plan)

Item 1.   Docket Number 98-0139-IHW. Consideration of an application by Murray Corporation for a Class 3 modification to compliance plan CP-50328 in accordance with 30 TAC Sections 39.109 and 305.69(d). The compliance plan authorizes the remediation of contaminated groundwater. The modification will authorize the following: Modify the Corrective Action Program by adding additional monitoring wells located down-gradient of the ground-water contaminant plume; adjust the financial assurance to reflect the additional wells of the Corrective Action Program; update the sampling and analysis plan to reflect changes in the Corrective Action Program; alternate concentration limits (ACLs) for the Ground-Water Protection Standards in accordance with 30 TAC 335.160(b), Maximum Contaminant Levels (MCLs) specified in 40 Code of Federal Regulations (CFR), Part 41, National Primary Drinking Water Regulations Subparts B and G, and/or Medium-Specific Concentrations (MSCs) calculated in accordance with 30 TAC Chapter 335 Subchapter S; and the Corrective Action Program's indicator parameter monitoring list to include those hazardous constituents which best characterize the contaminant plume. The facility is located at 2002 Tile Factory Road, Palestine, Anderson County, Texas. (John Clegg)

Issue Class 3 Mod, JB/RM. All Commissioners Agree

(Hearing Requests)

Item 2.   Docket No. 98-0072-IWD. CITY OF AUSTIN applied for a renewal of Permit No. 03823 which authorizes treatment and processing of sewage sludge for the City of Austin Wastewater Treatment Facilities. The treatment facility is the central processing facility for all sewage sludge generated at City of Austin Wastewater Treatment facilities. The permit authorizes the treatment and beneficial land application of treated sewage sludge on 300 acres of land at a rate not to exceed 10 dry tons/acre annually. In addition, the permit authorizes the marketing and distribution of composted sewage sludge ("Dillo Dirt") to the general public. The permit authorizes irrigation of lagoon supernatant drawn from two lagoons or water hyacinth ponds at a rate not to exceed 2.7 acre-feet/acre/year. No discharge of pollutants into waters in the State is authorized by the permit. The facility is located approximately 0.9 miles northwest of the intersection of Farm-to-Market Road 973 and State Highway 71 on the north bank of the Colorado River in Travis County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Margaret Hoffman/Sreenivasula Magunta)

Remand to Alternative Dispute Resolution those parties in Tracts 2, 3, 4, 5, 7 for 4 to 6 weeks, if mediation fails forward to Administrative Law Judge the ALJ may decide whether remaining parties may have status, RM/JB. All Commissioners Agree

Item 3.   Docket No. 98-0012-AIR. BAY LTD for Air Quality Permit No. 34920 to authorize construction of an Asphalt Concrete Plant located at any of the following sites: (1) 27734 Katy Brookshire Highway, Katy, Harris County; (2) north of Betke Road and south of Highway 290, Hockley, Harris County; (3) 1 mile west of Rosenberg between SH 36 and Highway 90, Rosenberg, Fort Bend County; (4) 11th and Hempstead Highway, Houston, Harris County; (6) north of Old Highway 90 (South Main), east of Kirkwood, south of Greenbriar, Stafford, Fort Bend County; (7) 4900 Gasmer, Houston, Harris County; (8) 600 Lockwood at Navigation, Houston, Harris County; (9) South 288 and Highway 6, Arcola, Brazoria County; (10) Greens Road/59, north of Bender, Humble, Harris County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Maria Sanchez/Stephanie Howell)

Grant Hearing Request and forward to ADR if ADR fails forward to SOAH, JB/BM. Amend Motion to go straight to State Office Administrative Hearing, JB/RM. All Commissioners Agree

(District Matters)

Item 4.   Docket No. 97-1133-DIS. CONSIDERATION OF A PROPOSED ORDER GRANTING THE CONVERSION OF WELLBORN WATER SUPPLY CORPORATION TO WELLBORN SPECIAL UTILITY DISTRICT OF BRAZOS COUNTY AND APPROVAL OF AN IMPACT FEE. For Commission consideration. Wellborn Water Supply Corporation requests conversion to a Special Utility District and requests approval of a $950 per connection impact fee pursuant to Texas Water Code, Sections 65.014 and 65.021, and 30 TAC Section 293.11. (TNRCC Internal Control No. 081296-D02, Samuel W. Jones)

Approve as Recommended, BM/JB. All Commissioners Agree

Item 5.   Docket No. 97-0964-DIS. CONSIDERATION OF A PROPOSED ORDER GRANTING THE CONVERSION OF H-M-W WATER SUPPLY CORPORATION TO H-M-W SPECIAL UTILITY DISTRICT OF HARRIS AND MONTGOMERY COUNTIES. For Commission consideration. H-M-W Water Supply Corporation requests conversion to a Special Utility District pursuant to Texas Water Code, Sections 65.014 and 65.021, and 30 TAC Section 293.11. (TNRCC Internal Control No. 090297-D01, Samuel W. Jones)

If no hearing comes in by Mar 9, then item may be signed by ED BM/JB. All Commissioners Agree

(Public Water Supply Agreed Enforcement Order)

Item 6.   Docket No. 97-0152-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Bronte in Coke County; PWS No. 0410001; 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. (Guy Henry)

Issue Agreed Order, with change, JB/BM. All Commissioners Agree

(Petroleum Storage Tank Agreed Enforcement Orders)

Item 7.   Docket No. 96-0847-PST-E. Consideration of Orders requiring Worth Oil Company to shut down USTs in Dallas and Tarrant Counties; Facility ID No's. 8805, 8806, 8807, 8808, 8810, 8811, 8813, 8815, 69818; for petroleum storage tanks violations pursuant to Section 26.3475(e) of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Raymond Winter)

Issue Shut down orders on 8805, 8806, 8808, 8811, 8813, 8818, On shut down 8811 accept modified order. No Action required on 8807, 8810, 8815, RM/BM. All Commissioners Agree

Item 8.   Docket No. 96-0409-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Arturo Arriaga in Hidalgo County; Facility ID No. 53316; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Raymond Winter)

Issue Agreed Order, BM/JB. Commissioner Marquez absent

Item 9.   Docket No. 96-0900-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Uvalde Beverage Barn, Inc. in Uvalde County; Facility ID No. 14495; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Raymond Winter)

Issue Agreed Order, BM/JB. Commissioner Marquez absent

(Agricultural Enforcement Agreed Orders)

Item 10.   Docket No. 96-1790-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kenneth Simpson dba Kenneth Simpson Dairy in Johnson County; TNRCC Permit No. 02386 and Enforcement ID No. 9553; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Guy Henry)

Issue Agreed Order, BM/RM. All Commissioners Agree

Item 11.   Docket No. 97-1030-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Newell Cooper dba Milky Way Dairy in Erath County; Permit No. 03094; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Guy Henry)

Issue Agreed Order, BM/RM. All Commissioners Agree

(Municipal Waste Discharge Enforcement Agreed Orders)

Item 12.   Docket No. 97-0410-MWD-E. Consideration of an Agreed Order requiring certain actions of the City of Lampasas in Lampasas County; Permit No. 10205-002; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 13.   Docket No. 97-0489-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Varco Shaffer, Inc., in Harris County; Water Quality Permit No. 11758-001; for water quality violations pursuant to Texas Water Code 26.121 and the rules of the Texas Natural Resource Conservation Commission. (Mary Smith)

Issue Agreed Order, JB/RM. All Commissioners Agree

(Air Enforcement Agreed Orders)

Item 14.   Docket No. 97-0669-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Barge and Boat, Incorporated in Brazoria County; Account No. BL-0423-N; 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 15.   Docket No. 97-0815-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Professional Automotive in Travis County; Account No. TH-0677-P; 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 16.   Docket No. 97-0502-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Amer-Liquid Transport, Inc., in Cameron County; Air Account No. 20587; 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. (Cecily Small Gooch)

Issue Agreed Order, BM/RM. All Commissioners Agree

(Certified Question)

Item 17.   SOAH Docket No. 582-97-1891; TNRCC Docket No. 97-0791-IHW-E. Petition of the Executive Director against Asarco, Inc. assessing administrative penalties and requiring certain actions for industrial waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health and Safety Code. The petition also alleges violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Commission. The Commission will consider two questions certified by the Administrative Law Judge pursuant to 30 TAC Section 80.131 that relate to the imposition of administrative penalties for historic contamination. (Nueces County) (Ray Winter)

That the Commission does have legal authority, but will only oppose administrative penalties when there are extenuating circumstances in these kind of situations, RM/JB. McBee voted No.

(Rules)

Item 18.   Docket No. 97-0952-RUL. Consideration for adoption of an amendment to 30 TAC Chapter 330, Subchapter A, Section 330.2, concerning Definitions. If adopted, the amended rule would change the definition of "medical waste" to incorporate changes made by House Bill 1644, 74th Legislature, to include special waste from health care-related facilities and exclude medical wastes produced on certain farmlands and ranchlands, and by House Bill 956, 75th Legislature, to exclude artificial, nonhuman materials removed from a patient and requested by the patient. The proposal was published in the December 5, 1997, issue of the Texas Register (22 TexReg 12006) (Hector Mendieta) (Rule Log No. 97162-330-WS).

Approve Adoption as Recommended, RM/BM. All Commissioners Agree

Item 19.   Docket No. 97-0739-RUL. Consideration for adoption of the repeal of 30 TAC Section 70.4, concerning Annual Enforcement Report. If adopted, the repeal would result in a more efficient process for the collection and reporting of the commission's enforcement actions. The proposed repeal was published in the October 3, 1997, issue of the Texas Register (22 TexReg 9852). (Brian Christian) (Rule Log No. 97158-070-AD).

Approve Adoption of the Repeal, RM/JB. All Commissioners Agree

Item 20.   Docket No. 98-0108-RUL. Consideration for publication of, and hearing upon, amendments to 30 TAC Chapter 106, Subchapter V, Section 106.491, concerning Dual Chamber Incinerators. If approved, the proposed amendments would reduce the risk of human exposure to harmful or irritating substances within incinerator exhaust gases. (Beecher Cameron) (Rule Log No. 97165-106-AI).

Approve publication and hearing, RM/BM. All Commissioners Agree

Item 21.   Docket No. 97-1127-RUL. Consideration for publication of and hearing upon the proposed repeal of 30 TAC Chapter 113, Subchapter A, concerning Hazardous Air Pollutants, the undesignated head in Subchapter A, titled Beryllium, and Section 113.21, concerning Beryllium; and the proposed addition of a new Subchapter A and Section 113.1, concerning Definitions. The proposed repeal will improve compliance by controlling beryllium air emissions by individual New Source Review permit instead of by rule. The usual permit reviews for beryllium shall be conducted using appropriate state and federal guidelines. The proposed new Subchapter A will make Chapter 113 more consistent in format with other air regulations. The proposed definition is in anticipation of follow-on rulemaking and state plan revisions in accordance with Section 111(d) of the Federal Clean Air Act. (Alan Henderson) (Rule Log No. 97135-113-AI).

Continued until March 18, 1998

Item 22.   Docket No. 98-0068-RUL. Consideration for publication of, and hearing upon, amendments to 30 TAC Chapter 116, Subchapters A-D, F, and G, concerning Requirements for Control of Air Pollution by Permits for New Construction or Modification; and for revisions to the State Implementation Plan. If approved, the proposed amendments would implement the requirements of the Federal Clean Air Act, Section 112(g), 40 Code of Federal Regulations Part 63, concerning Hazardous Air Pollutants, and make general corrections and clarifications to Chapter 116. Revisions are also proposed to the undesignated head in Subchapter B, concerning Permit Fees. In addition, this proposed action constitutes the commission's review of the rules contained in 30 TAC Chapter 116 in accordance with the General Appropriations Act, Article IX, Rider 167, 75th Legislature, 1997. (Jim Dodds) (Rule Log No. 98001-116-AI).

Approve Publication and hearing, BM/JB. All Commissioners Agree
Item 23.   Docket No. 97-1181-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 213, Subchapter A: Edwards Aquifer in Medina, Bexar, Comal, Kinney, Uvalde, Hays, Travis, and Williamson Counties and proposed new 30 TAC Chapter 213, Subchapter B, Sections 213.20 through 213.28, concerning the Contributing Zone to the Edwards Aquifer in Medina, Bexar, Comal, Kinney, Uvalde, Hays, Travis and Williamson Counties. If approved the amendments and new subchapter would regulate activities having the potential for polluting the Edwards Aquifer and hydrologically connected surface water by expanding the scope of regulated activities to the contributing zone of the aquifer and providing for water quality performance standards for all best management practices and measures. In addition, this proposed action constitutes the commission's review of the rules contained in 30 TAC Chapter 213, concerning the Edwards Aquifer, in accordance with the General Appropriations Act, Article IX, Rider 167, 75th Legislature, 1997. (Mary Ambrose) (Rule Log No. 97105-213-WT).

Approve Publication and hearing, RM/BM. All Commissioners Agree

EXECUTIVE SESSION

Item 24.   Docket No. 98-0164-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 25.   Docket No. 98-0165-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 MADE.)


REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM.


ADDENDUM TO AGENDA

Wednesday, March 4, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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



Item 26.   Docket No. 98-0169-RUL. Consideration for publication of, and hearing upon, a proposed new 30 TAC Chapter 10, Section 10.10, concerning Amicus Curiae Briefs, and an amendment to 30 TAC Chapter 3, Section 3.2, concerning Definitions. The proposed rules would set a procedure by which a person could submit an amicus curiae brief for the Commission’s consideration, and would apply to all matters scheduled for consideration at a Commission meeting. The proposal would also define an “amicus curiae.” (Richard O’Connell) (Rule Log No. 98007-010-AD)

Continued
AGENDA

Wednesday, March 4, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item 1.   TNRCC Docket No. 97-0241-UCR; SOAH Docket 582-97-0899. Consideration of Administrative Law Judge's Proposal for Decision concerning the application of Tanglewood Water Company to increase retail and sewer rates in Grayson County, Texas. Applicant provides retail and sewer service to approximately 25 customers. Recommendation: Partial approval of applicant's rate increase request with significant changes to applicant's proposed rate design. (Bill Zukauckas)

Adopt Administrative Law Judge's Proposal for Decision with changes to Order as Recommended by Commissioners, BM/RM. All Commissioners Agree