AGENDA

Wednesday, July 29, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 98-0846-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.
No Action Taken
Item 2. Docket No. 98-0880-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Deputy Director for Administrative Services 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 the matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 3. Docket No. 98-0881-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


OLD BUSINESS AGENDA

Wednesday, July 29, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of July 1, 1998.

Item 1. Docket No. 98-0563-MWD. Request by RAYFORD ROAD MUD for an amendment of permit (Permit No. 12030-001), to authorize an increase in the flow of treated domestic wastewater from a daily average flow of 0.65 million gallons per day (MGD) to a daily average flow of 0.95 MGD in the Interim II phase and to an annual average of 1.3 MGD in the Final phase. The applicant is also requesting a variance to the buffer zone requirements within the Montgomery County Drainage District No. 6 Channel IIDF in accordance with 30 TAC Section 309.13(e)(1)(B). This Channel area is restricted to drainage use exclusively. The applicant is also requesting a variance to the buffer zone requirements within 150 feet of the proposed Chlorination/ Dechlorination Basin addition that extends onto adjacent private property in accordance with 30 TAC Section 309.13(e)(1)(C). This variance is based on the fact that will be no noise and odor nuisance emanating from this basin. The owner of the property has been previously contacted and has refused to sell a buffer zone easement to the District. The property contains a drilling site and is not suitable for residential use. The plant site is located north of Rayford Road, approximately 2.1 miles east of the intersection of Rayford Road and Interstate Highway 45 in Montgomery County, Texas. The Commission will consider the application and the hearing requests that have been filed with the application.(Louis Herrin/Margaret Hoffman)
Grant Hearing Request of Murray's, Robison's, Ashfords, Reads and Allens and forward to Alternative Dispute Resolution for 4 to 6 weeks, if mediation fails forward to State Office Administrative Hearings, JB/RM. All Commissioners Agree
Item carried forward from July 15, 1998.
Item 2. Docket No. 97-1035-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chambers County in Chambers County; MSW facility ID No. 2710; for floodplain location restriction violations, filling above the permitted final contour elevations violations, and ground-water and surface water protection plan and drainage plan violations pursuant to the Texas Health and Safety Code, Chapter 361, Texas Water Code Chapter 26 and the rules of the Texas Natural Resource Conservation Commission. (Seyed Miri)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item carried forward from July 15, 1998.
Item 3. Docket No. 98-0715-SPF. Consideration of an agreed administrative order acknowledging that Exide Corporation remediated the Wortham Lead Salvage State Superfund Site midway between Eustice and Mabank, in the northeast portion of Henderson County, Texas, in a manner approved by the Executive Director and memorializing Exide's agreement to pay the state $185,027.75 in past contractual costs. (David Cooney, Trey Collins)
Issue Agreed Order with change, RM/JB. All Commissioners Agree


AGENDA

Wednesday, July 29, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Hearing Request
Item 1. Docket No. 98-0747-AIR. TENASKA FRONTIER PARTNERS LTD. for Air Quality Permit Nos. 37391 and PSD-TX-897 to authorize construction of a proposed new Electrical Generation Facility to be known as the Tenaska Frontier Generation Station. The proposed facility will be located on Highway 30, approximately 1-1/2 miles east of the intersection with Highway 90 near Shiro in Grimes County, Texas. (Chris Kadas/Jim Linville)
Grant Permit, RM/MB. All Commissioners Agree
Item 2. Docket No. 98-0725-AIR. BOB'S CLEANING SUPPLY COMPANY for Air Quality Permit No. 36968 to construct a Cleaning Solutions Facility. The location of the proposed facility is 3500 Deen Road in Fort Worth, Tarrant County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Scott Humphrey/Rich Carpenter)
Applicant Requested SOAH Referral
Item 3. Docket No. 98-0707-IWD. Application from HALLIBURTON ENERGY SERVICES for a new permit No. 03967. The draft permit authorizes a discharge of utility wastewater (vehicle wash water and machine coolant) to an evaporation pond at a rate not to exceed a daily average flow of 140 gallons per day. The applicant operates an explosive and chemical devices manufacturing facility. The facility is located on County Road 401, approximately 1.5 miles south of the intersection of County Road 401 and State Highway 392 and 2.5 miles south of the city of Alvarado, Johnson County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Louis Herrin/Margaret Hoffman)
Continued to September 23, 1998
Authorization to Construct
Item 4. Docket No. 98-0818-MWD. Consideration of the CITY OF NOME'S request for an Order authorizing construction of a wastewater treatment facility prior to Commission consideration of the City of Nome's application for a wastewater discharge permit. The site of the proposed facility is located adjacent to Cotton Creek and at the intersection of 3rd Street and Cotton Creek, and approximately one-half mile north of the City of Nome in Jefferson County, Texas. The proposed authorization to construct would not permit the treatment or discharge of any wastewater from the new construction. (Fread Houston/Firoj Vahora)
Approve Order for Authorization to Construct, JB/RM. All Commissioners Agree
Contracts
Item 5. Docket No. 98-0845-CON. Consideration of approval of a contract between the Texas Natural Resource Conservation Commission and the State Office of Administrative Hearing (SOAH), to provide payment to SOAH for services to be rendered during the Fiscal Year beginning 09/01/98 and ending 08/31/99. The Commission may delegate approval authority.
Continued to August 19, 1998
Item 6. Docket No. 98-0799-CON. Consideration to authorize the Executive Director to enter into a contract with Sentari Technologies, Inc. for an amount not to exceed $1,000,000, plus future amendments or renewal provided that the total contract amount does not exceed $2,000,000. The Contract is for services to provide planning, analysis, design, construction, testing and implementation services for modification to, and additional functionality for, the Title V Information Management System (TVIMS). Development will be accomplished using the Composer/Cool:Gen I-CASE toolset. (Mark Earl, Kerri Rowland)
Approve Contract, RM/JB. All Commissioners Agree
Item 7. Docket No. 98-0820-CON. Consideration of authorizing the Executive Director to execute a contract amendment to Anderson Columbia Environmental, Incorporated's General Construction contract for Industrial Remediation at the United Creosoting Superfund Site in Conroe, Montgomery County, Texas. (Alan Etheredge, Caroline Sweeney)
Execute Contract as Recommended, JB/RM. All Commissioners Agree
Item 8. Docket No. 98-0828-CON. Consideration of authorizing the Executive Director to amend Contract No. 8000200000 with BE&K/Terranext, LLC for emergency response and supplemental site activities services at leaking petroleum storage tank (LPST) sites. (Katharine Marvin/Grace Windbigler)
Approve Contract Amendment, RM/BM. All Commissioners Agree
Public Water Supply Default Orders
Item 9. Docket No. 97-0678-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of John Abbott dba Meadows Mobile Home Park in Harris County; TNRCC ID No. 1010792; 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. (Hodgson Eckel)
Issue Default Order, RM/JB. All Commissioners Agree
Item 10. Docket No. 97-0671-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Thomas Holland dba Acorn Mobile Home Park in Tarrant County; TNRCC ID No. 2200146; 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. (Hodgson Eckel)
Issue Default Order, RM/JB. All Commissioners Agree
Public Water Supply Enforcement Agreed Orders
Item 11. Docket No. 97-0974-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Harrisburg Water Supply Corporation in Jasper County; PWS No. 1210013; for drinking water quality violations pursuant to Chapter 341 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 12. Docket No. 97-0879-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of George Forrester dba George's Pit Barbeque in Hood County; TNRCC ID No. 1110067; 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. (Kathy Keils)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 13. Docket No. 97-0593-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Forest Creek Partnership, LTD. in Harris County; TNRCC ID No. 1012905; 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. (Kathy Keils)
Issue Agreed Order, RM/JB. All Commissioners Agree
Air Enforcement Default Order
Item 14. Docket No. 97-0883-AIR-E. Consideration of a Default Order assessing administrative penalties of Tree Masters, Incorporated in Travis County; TNRCC ID No. TH-0665-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. (John Peeler)
Issue Default Order, JB/RM. All Commissioners Agree
Air Enforcement Agreed Orders
Item 15. Docket No. 97-0685-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Galveston Shipbuilding Company in Galveston County; TNRCC ID No. GB-0382-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. (John Peeler)
Issue Agreed Order, BM/RM. All Commissioners Agree
Item 16. Docket No. 97-1129-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kenneth Lehrman in McLennan County; Account No. MB-0450-K; 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. (Suzanne Walrath)
Issue Agreed Order, BM/RM. All Commissioners Agree
Item 17. Docket No. 98-0080-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Neches Industrial Park, Incorporated in Jefferson County; Account No. JE-0092-J; 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)
Issue Agreed Order, BM/RM. All Commissioners Agree
Item 18. Docket No. 98-0143-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Phillips Petroleum Company in Hutchinson County; Account No. HW-0018-P; for air quality violations pursuant to the Texas Water Code, the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Kevin Cauble)
Issue Agreed Order, BM/RM. All Commissioners Agree
Item 19. Docket No. 98-0259-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Transpetco I in Ochiltree County; Account No. OA-0021-O; for air quality violations pursuant to the Texas Water Code, the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young)
Issue Agreed Order, BM/RM. All Commissioners Agree
Item 20. Docket No. 98-0171-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hydra Rig Incorporated, A Division of Tuboscope Vetco International Incorporated in Tarrant County; Account No. TA-0191-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. (Carl Schnitz)
Issue Agreed Order, BM/RM. All Commissioners Agree
Superfunds
Item 21. Docket No. 98-0813-SPF. Consideration of an Administrative Order to conduct remedial design and remedial action activities at the Munoz Borrow Pits State Superfund Site in Mission, Hidalgo County, Texas. (Ashby McMullan, Caroline Sweeney)
Approve Administrative Order, JB/RM. All Commissioners Agree
Item 22. Docket No. 98-0714-SPF. Consideration of an administrative order to settle part of the state's claim for past and future costs with one group of Potentially Responsible Parties at the JC PENNCO WASTE OIL SERVICES state superfund site in San Antonio, Bexar County, Texas. (David Cooney, Michael Moore)
Issue Administrative Order, RM/JB. All Commissioners Agree
Industrial Waste Discharge Enforcement Agreed Order
Item 23. Docket No. 97-0999-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ergon Asphalt & Emulsions, Inc. in Titus County; Permit No. 03877 for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Mears)
Issue Agreed Order, RM/BM. All Commissioners Agree
Municipal Waste Discharge Enforcement Agreed Order
Item 24. Docket No. 98-0167-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of Follett in Lipscomb County; TNRCC Permit No. 10508-001; for water quality violations pursuant to the Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Bill Main)
Issue Agreed Order, RM/BM. All Commissioners Agree
Agricultural Enforcement Agreed Order
Item 25. Docket No. 97-0919-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bosque County Bank in Bosque County; TNRCC ID No. no permit; for dairy operation water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Robin Houston)
Issue Agreed Order, JB/RM. All Commissioners Agree
Industrial Hazardous Waste Enforcement Agreed Order
Item 26. Docket No. 98-0414-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sandhills Industries, Inc. in Ector County; TNRCC ID No. 33222 and Account No. 0307510F; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (John Peeler)
Continued to August 19, 1998 RM/BM. All Commissioners Agree
Rules
Item 27. Docket No. 97-1153-RUL. Consideration for adoption of revisions to 30 TAC Chapter 114, Subchapter A, Concerning Definitions; Subchapter E, concerning Low Emissions Vehicle Fleet Requirements; Subchapter F, concerning Vehicle Retirement and Mobile Emission Reduction Credits; and a revision to the State Implementation Plan concerning this proposal. Revisions to Chapter 114 implement Senate Bill 681, Acts of the 75th Legislature, 1997, concerning the low emission vehicle fleet requirements. The proposal was published in the April 24, 1998 issue of the Texas Register (23 TexReg 3999). (Al Giles/Alan Henderson) (Rule Log No. 97139-114-AI).
Adopt Revisions to TAC Chapter 114, RM/JB. All Commissioners Agree
Item 28. Docket No. 98-0251-RUL. Consideration for withdrawal of proposed revision to 30 TAC Chapter 114, Subchapter G, Section 114.260, concerning Transportation Conformity, and a proposed revision to the State Implementation Plan (SIP), concerning Transportation Conformity, as published in the April 24, 1998 issue of the Texas Register (23 TexReg 4134). Consideration for publication of, and hearing upon new proposed revisions to 30 TAC Chapter 114, Subchapter G, Section 114.260, concerning Transportation Conformity, and a new proposed revision to the (SIP), concerning Transportation Conformity. (Cathy Stephens/Alan Henderson) (Rule Log No. 98003-114-AI).
Approve withdrawal of Proposed revision to 30 TAC Chapter 114, RM/JB. All Commissioners Agree
Item 29. Docket No. 98-0118-RUL. Consideration for adoption of new 30 TAC Chapter 333, Subchapter B, Sections 333.31 through 333.43, concerning Innocent Owner/Operator Certification. If adopted, the new sections would enhance the implementation of House Bill 2776, Acts of the 75th Legislature, concerning the Innocent Owner/Operator Program by establishing definitions for the program, requirements for the Innocent Owner/Operator Application, and standards for issuing and revoking an Innocent Owner/Operator Certificate. The proposal was published in the May 1, 1998, issue of the Texas Register (23 TexReg 4207). (Charles Epperson) (Rule Log No. 97156-333-WS).
Approve Adoption of 30 TAC Chapter 333 Subchapter B, BM/RM. All Commissioners Agree
Item 30. Docket No. 98-0075-RUL. Consideration for adoption of amended 30 TAC Chapter 336, Sections 336.1, 336.2, 336.101, 336.102, 336.107. 336.201, 336.203, 336.209, 336.211, 336.213, 336.304, 336.331, 336.332, 336.334, 336.341, 336.348, 336.352, 336.356, 336.501-336.503, 336.512, 336.513, 336.701, 336.702, 336.802-336.807; repeal of Sections 336.104, 336.108, 336.217, 336.357, 336.366, 336.514, 336.601-336.606, 336.613-336.629, 336.636; and adoption of new Sections 336.514, 336.515, 336.517, 336.519, 336.601, 336.603, 336.605, 336.607, 336.609, 336.611, 336.613, concerning Radioactive Substance Rules; amended 30 TAC Chapter 305, Section 305.54, concerning Additional Requirements for Radioactive Material Licenses; and amended 30 TAC Chapter 39, Sections 39.303, 39.305, 39.307, 39.309 and new Section 39.313, concerning Public Notice. The adopted rules remove commission rule language related to the source material licensing and by-product disposal jurisdiction transferred to the Texas Department of Health by Senate Bill (SB) 1857, 75th Legislature, 1997; incorporate revisions and additions which are needed to maintain compatibility with the rules of the United States Nuclear Regulatory Commission; and continue with agency-wide regulatory reform efforts to simplify language and requirements. In addition, this constitutes the commission's review of the rules contained in 30 TAC Chapter 336 in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997, a finding that the rules are still necessary, and readoption of the rule chapter. The proposed rules were published in the April 24, 1998, issue of the Texas Register (23 TexReg 4016, 4015, and 3997). (Kathy Vail) (Rule Log No. 97154-336-WS).
Adoption of Amendments to 30 TAC Chapter 336, RM/JB. All Commissioners Agree
Item 31. Docket No. 98-0198-RUL. Consideration for repeal of 30 TAC Chapter 114, 114.200, concerning Accelerated Vehicle Retirement (AVR or scrappage). The repeal will increase the flexibility of local areas to design and implement their own scrappage programs. The proposal was published in the March 20, 1998 issue of the Texas Register (23 TexReg 2952). (Hazel Barbour/Bill Jordan) (Rule Log No 98009-SIP-AI)
Approve Repeal of 30 TAC Chapter 114, BM/RM. All Commissioners Agree
Item 32. Docket No. 98-0837-RUL. Consideration for publication of proposed new 30 TAC Chapter 11, Sections 11.2 and 11.3, concerning contracts. If approved, the new section will provide for protest procedures for resolving vendor protests relating to purchasing issues. The new section would also adopt by reference the rules of the Texas General Services Commission, 1 TAC Section 113.5(b), concerning bid opening and tabulation. In addition, this proposal action constitutes the commission's review of the rules contained in 30 TAC Chapter 11, concerning Contracts, in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. (Kathy Robbins) (Rule Log No. 97161-011-AD).
Approve Publication of Chapter 11, Section 11.2 and ll.3, BM/JB. All Commissioners Agree
EXECUTIVE SESSION
Item 33. Docket No. 98-0847-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 34. Docket No. 98-0848-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, July 29, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 35. Docket No. 98-0755-RUL. Consideration for publication of and hearing upon the proposed repeal of 30 TAC Chapter 113, 113.31-113.37, 113.41-113.48, 113.51-113.54, and 113.61-113.68, concerning Lead from Stationary Sources; the proposed repeal of the four divisions in Subchapter B, titled Nonferrous Smelters in El Paso County, Lead Smelters in Dallas County, Alternate Controls, and Compliance and Control Plan Requirements; the proposed renaming of Subchapter B to National Emission Standards for Hazardous Air Pollutants (NESHAPs) (FCAA 112, 40 CFR 61); and the proposed addition of a new division in Subchapter B, concerning Radionuclide NESHAPs, and a new 113.55, concerning Radon Emissions from Phosphogypsum Stacks (40 CFR 61, Subpart R). The proposed repeals will eliminate lead rules which no longer apply to active lead sources, and the proposed new rule is a request for delegation of authority to implement one of the Title 40, Code of Federal Regulations, Part 61 National Emissions Standards for Hazardous Air Pollutants. (Phil Harwell) (Rule Log No. 98006-113-AI).
See Item 37


SECOND ADDENDUM TO AGENDA

Wednesday, July 29, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 36. Docket No. 98-0882-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's 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, Chapter 551 of the Government Code.
No Action Taken
Item 37. Docket No. 98-0755-RUL. Consideration for publication of and hearing upon the proposed repeal of 30 TAC Chapter 113, 113.31 - 113.68, concerning Lead from Stationary Sources; the proposed repeal of the four divisions in Subchapter B, titled Nonferrous Smelters in El Paso County, Lead Smelters in Dallas County, Alternate Controls, and Compliance and Control Plan Requirements; the proposed renaming of Subchapter B to National Emission Standards for Hazardous Air Pollutants (NESHAPs) (FCAA 112, 40 CFR 61); and the proposed addition of a new division in Subchapter B, concerning Radionuclide NESHAPs, and a new 113.55, concerning Radon Emissions from Phosphogypsum Stacks (40 CFR 61, Subpart R). The proposed repeal is a revision to the State Implementation Plan and will eliminate lead rules which no longer apply to active lead sources. The proposed new rule is not a revision to the State Implementation Plan and will request for delegation of authority to implement one of the Title 40, Code of Federal Regulations, Part 61 National Emissions Standards for Hazardous Air Pollutants. (Phil Harwell) (Rule Log No. 98006-113-AI).
Approve Publication and Hearing, RM/JB. All Commissioners Agree


OLD BUSINESS AGENDA

Wednesday, July 29, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of May 7, 1998 and May 20, 1998 and July 1, 1998.
Item 1. Docket No. 98-0435-MIS. Consideration of the Executive Director's Petition requesting consideration of the Max Recycling, Inc. Audit recommending that Max Recycling, Inc. be ordered to repay the Commission sixty-eight thousand, two-hundred-eighty-nine dollars and sixty-nine cents ($68,289.69) which is the amount that the Commission overpaid Max Recycling from the Waste Tire Recycling Fund (WTRF). (Vic Ramirez/Roy Buchanan)
See Item #3


AGENDA

Wednesday, July 29, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. TNRCC Docket No. 97-0666-IHW-E; SOAH Docket No. 582-97-1707. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the Executive Director's nonsuit pending enforcement action against Longview Refining Associates, Inc. The Respondent owns and operates an inactive petroleum refinery located in Longview, Texas. Recommendation: The Executive Director is entitled to take a non-suit without prejudice to refiling and without payment of costs. There is no regulatory basis to force this matter to hearing over the referring agency's request to withdraw the petition. Because the evidentiary hearing has not been held, prejudice does not attach. At least in the absence of sanctionable conduct, there is no regulatory basis to assess costs against the Executive Director. The Executive Director's filings were not brought in bad faith; consequently, sanctions are not appropriate.
Continued to August 19, 1998


ADDENDUM TO AGENDA

Wednesday, July 29, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 2. Docket No. 98-0724-MIS. Consideration of the Executive Director's Petition Requesting Commission To Order Return Of Overpayment and recommending that Quality Rubber Products, Inc. dba Tire Recycling of San Antonio (TRSA) and be ordered to repay the Commission three-hundred-eighty-nine-thousand, four-hundred dollars and forty-four cents ($389,400.44), which is the amount that the Commission overpaid TRSA from the Waste Tire Recycling Fund. TRSA owned and operated a Type VIII-P waste tire processing facility, registration number 79510, located at 5326 Roosevelt Ave., San Antonio, Texas from approximately June 1992 through 1997. (Steven Shepherd/Roy Buchanan).
Limited Referral to State Office Administrative Hearings, BM/RM. All Commissioners Agree
Item 3. Docket No. 98-0435-MIS. Consideration of the Executive Director's Petition requesting consideration of the Max Recycling, Inc. Audit recommending that Max Recycling, Inc. be ordered to repay the Commission sixty-eight thousand two-hundred eighty-nine dollars and sixty-nine cents ($68,289.69) which is the amount that the Commission overpaid Max Recycling from the Waste Tire Recycling Fund (WTRF). Max Recycling's facility is located at 1101 FM 2818 in Bryan, Texas in Brazos County. Its current processor registration number is 79525. (Vic Ramirez/Roy Buchanan)
Limited Referral to State Office Administrative Hearings,
BM/RM. All Commissioners Agree