AGENDA

Wednesday, October 7, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 98-1154-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. 98-1155-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


ADDENDUM TO AGENDA

Wednesday, October 7, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 3. Docket No. 98-1209-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


OLD BUSINESS AGENDA

Wednesday, October 7, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of September 23, 1998.
Item 1. Docket No. 98-0987-WR. Application No. 14-5434B by Garwood Irrigation Company to amend Certificate of Adjudication No. 14-5434, as amended. Applicant owns Certificate No. 14-5434, as amended which includes authorization to divert and use 168,000 acre-feet of water per annum from the Colorado River, Colorado River Basin for irrigation within applicant's service area in Colorado and Wharton Counties. In addition, 35,000 acre-feet per annum (out of the 168,000) is authorized to be used municipal and industrial purposes within the applicant's service area which extends from the Colorado to the Lavaca River Basins. Applicant seeks to amend Certificate No. 14-5434, as amended: 1) to authorize the transfer of 35,000 acre-feet per annum to the City of Corpus Christi, Nueces County, for use in the City's service area that lies in the Nueces-Rio Grande Coastal, San Antonio-Nueces Coastal and the Nueces River Basins pursuant to 11.085 of the Texas Water Code; and 2) to add a diversion point(s) for the 35,000 acre-feet diverted for municipal and industrial purposes pursuant to 11.122 of the Texas Water Code. The Commission will consider the application and the hearing requests that have been filed on the application.
Deny Hearing Request, JB/RM. All Commissioners Agree. Approve 1, 2, 3, as changed, BM/JB. All Commissioners Agree
Item carried forward from Agenda of September 23, 1998.
Item 2. Docket No. 98-1094-WR. APPLICATION NO. 14-5434C BY GARWOOD IRRIGATION COMPANY TO AMEND CERTIFICATE OF ADJUDICATION NO. 14-5434, AS AMENDED. THIS APPLICATION IS BEING REQUESTED PURSUANT TO A JULY 20, 1998 "PURCHASE AGREEMENT" BETWEEN THE APPLICANT AND THE LOWER COLORADO RIVER AUTHORITY AND PURSUANT TO TEXAS WATER CODE SECTIONS 11.122 AND 11.085. FOR COMMISSION CONSIDERATION. Applicant seeks to amend the "Garwood Remaining Right" portion of Certificate No. 14-5434, as amended, which authorizes use of not to exceed 133,000 acre-feet of water per annum from the Colorado River for irrigation in the Garwood service area in Colorado and Wharton Counties in the Colorado and Lavaca River Basins, by adding authorization to use the water for municipal and industrial purposes and allowing use of the water anywhere within Travis, Bastrop, Fayette, Colorado, Wharton and Matagorda Counties. These counties include land in the Colorado, Lavaca, Brazos and Guadalupe River Basins and in the Colorado-Lavaca and Brazos-Colorado Coastal Basins. (TSlade)
See Item #1
Item carried forward from Agenda of September 23, 1998.
Item 3. Docket No. 98-1095-WR. PURSUANT TO SECTION 2(u) OF THE LOWER COLORADO RIVER AUTHORITY ACT, THE LOWER COLORADO RIVER AUTHORITY IS REQUESTING COMMISSION APPROVAL FOR USE OF IRRIGATION WATER BEING PURCHASED FROM GARWOOD IRRIGATION COMPANY. FOR COMMISSION CONSIDERATION. In accordance with a July 20, 1998 "Purchase Agreement" between the Garwood Irrigation Company and the Lower Colorado River Authority which will result in ownership by the Lower Colorado River Authority of irrigation rights authorized by Certificate of Adjudication No. 14-5434, as amended, the Lower Colorado River Authority is requesting Commission approval for its use of the irrigation water. (TSlade)
See Item #1
Item carried forward from Agenda of September 23, 1998.
Item 4. Docket No. 98-0988-RUL. Consideration for publication of and hearing upon the proposed repeal of 30 TAC Chapter 238, concerning Water Well Drillers Rules and 30 TAC Chapter 340, concerning Licensing Requirements and Complaint Procedures for Water Well Drillers and Pump Installers. The proposed repeals would reflect the transfer of the water well drillers licensing program from the commission to the Texas Department of Licensing and Regulation. In addition, these proposed actions constitute the commission's review of rules contained in 30 TAC Chapters 238 and 340, in accordance with the General Appropriations Act, Article IX, Rider 167, 75th Legislature, 1997. (Steve Musick) (Rule Log No. 97144-238-WT)
Approve Publication & Hearing, JB/RM. All Commissioners Agree

MCBEE
MARQUEZ
BAKER

AGENDA

Wednesday, October 7, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

HEARING REQUESTS
Item 1. Docket No. 98-1007-MSW. ELLIS COUNTY LANDFILL TX, L.P. for a permit amendment (Proposed Permit Amendment No. MSW-1745B) which will authorize horizontal and vertical expansion to an existing Type I municipal solid waste management facility. The amendment will increase the acreage of the currently permitted 97.5 acres to 352.6 acres and will increase the maximum fill height of the completed landfill up to a maximum elevation of 708 feet mean sea level. The waste acceptance rate will be an average of approximately 2227 tons of municipal solid waste per day, but will not be limited to this amount. The total remaining capacity of the landfill that is available for disposal is approximately 44,050,00 in-place cubic yards. The permittee will be authorized to dispose of municipal solid waste resulting from or incidental to municipal, community, commercial, institutional, and recreational activities; municipal solid waste resulting from construction or demolition projects; certain Class I industrial waste which is Class I because of its asbestos content; Class 2 industrial solid waste; Class 3 industrial solid waste; and special wastes that are properly identified. The site will be authorized to operate 24 hours per day, seven days per week. The facility is located approximately 4 miles north of the City of Ennis, 0.75 miles north of the City of Garrett, and 1.8 miles south of the City of Palmer, along IH-45 1.0 mile north of intersection of IH-45 & FM-879 in Ellis County, Texas. The Commission will consider the application and the hearing requests that have filed on the application.
Remand to Executive Director
Item 2. Docket No. 98-1006-MSW. USA WASTE OF TEXAS LANDFILLS, INC. for a permit amendment (Proposed Permit Amendment No. MSW1565-A), to authorize a horizontal and vertical expansion to an existing Type IV municipal solid waste management facility. The amendment will increase the acreage from the currently permitted 84.2738 acres to 118.1155 acres and will increase the maximum height of the completed landfill from the currently permitted height of approximately 127 feet mean sea level to 144.11 feet mean sea level. The site will receive an estimated 5,000 cubic yards of solid waste per day. The total disposal capacity of the facility is approximately 5,940,000 cubic yards. The permittee is currently authorized to dispose of wastes approved for disposal at a Type IV facility including brush, construction-demolition waste, rubbish, inert material, man-made inert material, trash, and yard waste which is free of putrescible waste; Class 2 industrial waste that meets the definition of rubbish or construction-demolition waste; Class 3 industrial waste; certain petroleum contaminated soil; non-regulated asbestos-containing materials (non-RACM); empty containers that were used for pesticides, herbicides, fungicides, or rodenticieds; and used or scrap tires, if the tires have been split, quartered, shredded, or chipped. The site is authorized waste from 6:00 a.m. to 6:00 p.m. Monday through Saturday. The facility is located in Harris County at 8205 Fairbanks North Houston Road, Houston, Texas, approximately 14 miles northwest of downtown Houston. The site entrance is located on the west side of Fairbanks North Houston Road, approximately 3 miles north of State Highway 290. The Commission will consider the application and the hearing requests files on the application.
Approve amendment to Permit, JB/BM. All Commissioners Agree
Item 3. Docket No. 98-1062-AIR. ARCO CHEMICAL COMPANY for renewal of Air Quality Permit No. 2993 to authorize the continued operation of an existing Propylene Oxide and Styrene Monomer Production Unit. the location of the existing facility is 2502 Sheldon road in Channelview, Harris County Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Kerri Rowland/Paul Mix)
Approve Renewal of Permit, and Deny Hearing Request, RM/MB. All Commissioners Agree
AIR ENFORCEMENT AGREED ORDERS
Item 4. Docket No. 98-0323-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Continental/Taurus Energy Company, L.P. in Shackelford County; Account No. SH-0015-C; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, the Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Rodney Weeks)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 5. Docket No. 98-0324-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Continental/Taurus Energy Company, L.P. in Fisher County; Account No. FD-0003-I; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, the Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Rodney Weeks)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 6. Docket No. 98-0316-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Electra Resources, Inc. in Wilbarger County; Account No. WI-0016-D; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, the Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Connie Basel)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 7. Docket No. 98-0533-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Del Valle Grain, Inc. in Cameron County; Account No. CD-0150-W; for air quality violations pursuant to the Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Martin Ramirez)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 8. Docket No. 98-0159-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Ryder Transportation Services in El Paso County; Account No. EE-1046-M; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 9. Docket No. 98-0094-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Redman Homes, Incorporated in Johnson County; Account No. JH-0092-W; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, the Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Suzanne Walrath)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 10. Docket No. 98-0134-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jerry Vallade dba NuVal Machine Company in Harris County; Account No. HX-1631-V; for air quality violations pursuant to the Texas Water Code, Chapter 7, and the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, and the rules of the Texas Natural Resource Conservation Commission. (Miriam Hall)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 11. Docket No. 98-0296-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Occidental Chemical Corporation in Harris County; Account No. HG-1451-S; for air quality violations pursuant to the Texas Water Code, Chapter 7, the Texas Health & Safety Code, Chapter 382, and the rules of the Texas Natural Resource Conservation Commission. (Atiq Sediqi)
Issue Agreed Order, RM/JB. All Commissioners Agree
AIR ENFORCEMENT DEFAULT ORDER
Item 12. Docket No. 97-1174-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Don Wagner dba Don's Auto Body in Dallas County; TNRCC ID No. D-B4206-U;for air quality 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. (Bill Jang)
Issue Default Order, RM/BM. All Commissioners Agree
AGRICULTURAL ENFORCEMENT AGREED ORDER
Item 13. Docket No. 96-1907-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nicki Hicks dba Hicks Dairy in Erath County;TNRCC ID No. 03263; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Z. Hernandez)
Issue Agreed Order, RM/BM. All Commissioners Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER
Item 14. Docket No. 98-0050-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Live Oak County in Live Oak County; MSW Transfer Station Facility No. 40002; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Texas Health & Safety Code, Chapter 361, and the Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (John Mead)
Issue Agreed Order, BM/JB. All Commissioners Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDER
Item 15. Docket No. 98-0194-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Masih Corporation in Galveston County; PST Facility ID No. 35240; for Stage II vapor recovery system violations pursuant to Texas Water Code, Chapter 7, and the Texas Health and Safety Code, Chapter 382, and the rules of the Texas Natural Resource Conservation Commission. (Tim Haase)
Issue Agreed Order, BM/RM. All Commissioners Agree
Item 16. Docket No. 98-0265-PST-E. Consideration of an Agreed Order assessing administrative penalties of E-Z Mart Stores, Inc. in Tarrant County; Facility ID: 0010478; for petroleum storage tank violations pursuant to the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak)
Issue Agreed Order, BM/RM. All Commissioners Agree
Item 17. Docket No. 98-0047-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Richard Hetzel dba The Zephyr Store in Brown County; Petroleum Storage Tank Facility ID No. 70138; for petroleum storage tank violations pursuant to the Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Mac Vilas)
Issue Agreed Order, BM/RM. All Commissioners Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER
Item 18. Docket No. 98-0018-MWD-E. Consideration of an Agreed Order requiring certain actions of the Texas Department of Criminal Justice; Permit 11180-002; for water quality violations and for failure to pay water quality assessment fees, wastewater inspection fees, aboveground storage tank fees, generation fees for hazardous and nonhazardous waste, Public Health Service fees, waste management beneficial land use permit fees, waterworks operator certification fees, and conferences and seminar fees pursuant to the Texas Water Code, Chapters 5 and 26, the Texas Health & Safety Code, Chapters 341, 361 and 382, and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)
Issue Agreed Order, BM/JB. All Commissioners Agree
RULES
Item 19. Docket No. 98-0543-RUL. Consideration for adoption of amendments to 30 TAC Chapter 113, Sections 113.100, 113.110, 113.120, 113.130, 113.140, 113.190, 113.220, 113.230, 113.250, 113.290, 113.360, 113.380; and new Sections 113.260, 113.350, 113.400, 113.420, and 113.670, concerning National Emission Standards for Hazardous Air Pollutants for Source Categories. If adopted, the amendments would incorporate by reference five federal Maximum Achievable Control Technology (MACT) standards for specific source categories. MACT standards are applicable statewide to major and a limited number of non-major or area sources which emit any of the United States Environmental Protection Agency (EPA)-designated 188 hazardous air pollutants. The level of control is based on the maximum level of control achieved in practice within the industry. These five federal rules are Group I Polymers and Resins, 40 Code of Federal Regulations (CFR) 63, Subpart U; Offsite Waste and Recovery Operations, Subpart DD; Shipbuilding and Ship Repair (Surface Coating), Subpart II; Printing and Publishing, Subpart KK; and Group IV Polymers and Resins, Subpart JJJ. The staff also requests approval to seek formal delegation from EPA for the five new MACT standards. The amendments would also incorporate by reference changes that the EPA has made to the following previously adopted MACT standards: General Provisions, Subpart A; Synthetic Organic Chemical Manufacturing Industry, Subpart F; Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater, Subpart G; Organic Hazardous Air Pollutants for Equipment Leaks, Subpart H; Certain Processes Subject to the Negotiated Regulation for Equipment Leaks, Subpart I; Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks, Subpart N; Gasoline Distribution Facilities, Subpart R; Halogenated Solvent Cleaning, Subpart T; Secondary Lead Smelting, Subpart X; and Aerospace Manufacturing and Rework Facilities, Subpart GG. These amendments would also correct the federal promulgation dates for two previously adopted MACT standards which contain incorrect dates as adopted. The proposed rules were published in the July 17, 1998, issue of the Texas Register (23 TexReg 7355) (Ann Hammer/Steve Hagle) (Rule Log No. 98014-113-AI).
Approve Adoption, RM/JB. All Commissioners Agree
Item 20. Docket No. 98-0249-RUL. Consideration for adoption of new 30 TAC Chapter 113, Subchapter D, concerning Designated Facilities and Pollutants, new Sections 113.2060, 113.2061, 113.2067 and 113.2069, concerning Municipal Solid Waste Landfills; revisions to the Texas Air Control Board Plan for the Control of Sulfuric Acid Mist, Total Reduced Sulfur, and Fluoride Emissions from Existing Facilities and the renaming of this plan to Texas State Plan for the Control of Designated Facilities and Pollutants. The new subchapter, new sections, and state plan revisions would establish regulations to control air emissions from existing municipal solid waste landfills. The proposal was published in the May 8, 1998 issue of the Texas Register (23 TexReg 4523-4526). (Beecher Cameron, Alan Henderson) (Rule Log No. 96135-113-AI)
Approve Adoption, JB/BM. All Commissioners Agree
Item 21. Docket No. 98-1028-RUL. Consideration for withdrawal of four previous State Implementation Plan (SIP) submittals, concerning the Incineration rules (30 TAC Chapter 111, 111.121-111.129), which were submitted to the U.S. Environmental Protection Agency (EPA) under Governor's letters, dated February 21, 1990; January 29, 1991; October 2, 1991; and June 3, 1992, but which to date have not been approved by EPA and incorporated into the SIP. (Alan J. Henderson) (Rule Log No. 98021-SIP-AI)
Approve withdrawal of four previous State Implementation Plan submittals, RM/BM. All Commissioners Agree
Item 22. Docket No. 98-1104-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 335, Subchapter A, concerning Industrial Solid Waste and Municipal Hazardous Waste in General, Subchapter H, concerning Standards for the Management of Specific Wastes and Specific Types of Facilities, and Subchapter O, concerning Land Disposal Restrictions. The proposed rules would update the commission's hazardous waste rules to address certain changes to the federal hazardous waste regulations promulgated between May 4, 1998 and August 10, 1998, primarily relating to the definition of solid waste and to hazardous waste land disposal restrictions. (Ray Austin) (Rule Log No. 98041-335-WS)
Continued to November 4, 1998.
Item 23. Docket No. 98-0284-RUL. Consideration for adoption of amendments to 30 TAC Chapter 37, Section 37.11, concerning Definitions, and new Section 37.52, concerning Use of a Universal Financial Assurance Mechanism for Multiple Facilities and Program Areas. The new rule adds the option of a universal financial assurance mechanism for owners or operators of facilities which are authorized by rules from more than one program area. The proposal was published in the June 5, 1998 issue of the Texas Register (23 TexReg 5937). (Linda Shirck/ Patricia Hershey) (Rule Log No. 97167-37-WS)
Approve Adoption, JB/RM. All Commissioners Agree
Item 24. Docket No. 98-0536-RUL. Consideration for publication of, and hearing upon, proposed new 30 TAC Chapter 216, Subchapter B, Sections 216.21-216.30, concerning Municipal Water Pollution Control and Abatement. If approved, the proposed new subchapter will require cities with populations of at least 10,000, and in which water quality assessment reports have identified water pollution that is not attributable to permitted sources, to implement measures to control and abate water pollution within the city's jurisdiction, and is proposed to implement the statutory requirements of Texas Water Code, Section 26.177, relating to Water Pollution Control Duties of Cities. (Arthur Talley) (Rule Log No. 97164-216-WT)
Approve Publication, with changes, JB/BM. All Commissioners Agree
EXECUTIVE SESSION
Item 25. Docket No. 98-1156-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 October 8, 1998
Item 26. Docket No. 98-1157-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 October 8, 1998
(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, October 7, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 27. Docket No. 98-1210-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.
Continued to October 8, 1998


SECOND ADDENDUM TO AGENDA

Wednesday, October 7, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 28. Docket No. 98-0879-AIR. Rehearing of the Commission's August 26, 1998 decision concerning the application by Koch Carbon, Inc. for Air Quality Permit No. 9892A and related hearing request. (Nueces County)
Continued to November 4, 1998


AGENDA

Wednesday, October 7, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. TNRCC Docket No. 97-0254-MWS-E; SOAH Docket No. 582-97-1890. Consideration of Administrative Law Judge's Proposal for Decision and Order against Gibson Recycling, Inc. for alleged violations of Commission rules pertaining to management of municipal solid waste at Gibson's waste tire recycling facility located in Jefferson County, Texas.
Adopt Proposal for Decision and Issue Order with changes, BM/JB. All Commissioners Agree