McBee
Marquez
Baker

AGENDA

Wednesday, December 16, 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
Item 3. 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.
No Action Taken


McBee
Marquez
Baker

OLD BUSINESS AGENDA

Wednesday, December 16, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E

12100 Park 35 Circle

Item carried forward from Agenda of December 2, 1998.
Item 1. Docket No. 98-1376-MWD. Consideration of a Request by the LA JOYA INDEPENDENT SCHOOL DISTRICT for an Order authorizing construction of a wastewater treatment facility for its elementary school, in Hidalgo County, Texas, before Commission consideration of its application for a wastewater no-discharge permit under Sections 26.019 and 26.027(c) of the Texas Water Code. The proposed authorization to construct would not permit the use of the newly constructed wastewater treatment system. (Monique Norman, Phillip Urbany)
No Action Taken
Item carried forward from Agenda of December 2, 1998.
Item 2. Docket No. 98-1375-IWD. Consideration of a Request by IBP, INC., for an Order authorizing construction of the expansion of its wastewater treatment facility for Vernon Calhoun Packing Plant, in Anderson County, Texas, before Commission consideration of its application for amendment to its wastewater no-discharge permit under Sections 26.019 and 26.027(c) of the Texas Water Code. The proposed authorization to construct would not permit the use of the newly constructed additions to its wastewater treatment system. (Monique Norman, Cynthia Lee)
Approved ATC, RM/BM. All Commissioners agree.


McBee
Marquez
Baker

AGENDA

Wednesday, December 16, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E

12100 Park 35 Circle

Hearing Request
Item 1. Docket No. 98-1364-AIR. TYLER ASPHALT & GRAVEL COMPANY, INC. for Air Quality Permit No. 35732 to construct an Asphalt Concrete Plant. The location of proposed facility is on FM 206, 0.57 mile south of the intersection of FM 206 and Highway 31 in Tyler, Smith County, Texas. The Commission will consider the application and hearing requests that have been filed on the application. (Christopher Gee/Alex Berksan)
Grant hearing request and remand to SOAH and Judge will determine who is authorized a hearing and proceed with hearing, RM/JB. All Commissioners agree.
Item 2. Docket No. 98-1333-MWD. Request by City of Lorenzo for a new permit, proposed Permit No. 10988-002, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 210,000 gallons per day via irrigation on 100 acres. No discharge of pollutants into the waters of the State is authorized by this permit. The wastewater treatment facilities and disposal site will be located northeast of the City of Lorenzo, approximately 1.5 miles northeast of the intersection of U.S. Highway 82 and State Route 378 in Crosby County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Robert Robinson/Margaret Hoffman)
Deny hearing and issued permit, JB/BM. All Commissioners agree.
Temporary Authorization
Item 3. Docket No. 98-1422-IHW. Consideration of request by Solutia, Inc. for the Commission to reissue a Temporary Authorization to allow the continued operation of a new outdoor container storage area. This new storage area is a replacement for the smaller 100-ton capacity (limited to 400 55-gallon containers) outdoor container storage area currently authorized under Permit No. HW-50189-001. The applicant has submitted a RCRA permit renewal application which includes this change as a major amendment to their permitted activity. The applicant has also submitted a Class 3 permit modification as required under TNRCC rules. The application requests continued authorization to increase the storage capacity of the facility's outdoor container storage area to 1,500 tons of mixed hazardous waste solids (greater than 25% increase in facility's container storage capacity) and to store mixed hazardous waste solids in various and different containers, including roll-off boxes. The mixed hazardous waste consists of spent carbon and depleted uranium catalyst sludge. The applicant operates a plant for the manufacture of chemical feedstocks and intermediates and is located on Farm-to-Marked Road No. 2917, approximately 7 miles southeast of its intersection with State Highway No. 35 and 14 miles southeast of Alvin, Brazoria County, Texas. The Temporary Authorization would terminate 180 days from the expiration date (January 3, 1999) of the initial Order issued on July 7, 1998, or upon final determination of TNRCC's review of the Class 3 permit modification request, whichever occurs earlier. (Katherine Nelson/Arnoldo Medina)
Issue temporary authorization, JB/BM. Marquez recused.
Temporary Order
Item 4. Docket No. 98-1436-UCR. Consideration of a Temporary Order pursuant to Tex. Water Code ch.5, subch. L. to appoint Canyon Ridge Investment as Temporary Manager of the Siesta Estates Mobile Home Park sewer service system (the "Utility") in Randall County, Texas owned, operated and/or managed by Bruce Frank doing business as Siesta Estates Mobile Home Park, pursuant to Chapter 13 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission, to address the abandonment of the Utility by Bruce Frank and to ensure continued operation of the Utility and to provide continuous and adequate services to the customers. (Mary R. Risner)
Issue Temporary Order with changes, BM/RM. All Commissioners agree.
Resolution
Item 5. Docket No. 98-1431-RES. A Resolution authorizing the Executive Director to enter certain settlement agreements for the Houston Lead Voluntary Cleanup Program Site. (Charles Vorndran)
Approve resolution with changes, BM/RM. All Commissioners agree.
Modify, Affirm, or Set Aside an Emergency Order
Item 6. Docket No. 98-1419-PWS. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on November 20, 1998 by the Texas Natural Resource Conservation Commission pursuant to Tex. Water Code ch.5, subch L. The Emergency Order appointed Homestead Municipal Utility District as temporary manager of the Mountain Sun Water System (the "Utility"), owned, operated, and/or managed by West Texas Metals, Inc., pursuant to Chapter 13 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission, in order to address the abandonment of the Utility by West Texas Metals, Inc.; to ensure continued operation of the Utility; and to provide continuous and adequate services to customers. (Mary Risner)
Affirm emergency Order with changes, BM/RM. All Commissioners agree.
Miscellaneous
Item 7. Docket No. 98-0417-MIS. Consideration of gifts and donations of $500.00 or more in value given to the TNRCC in the first quarter of fiscal year 1999 in accordance with Senate Bill 145, which added Chapter 575 to the Government Code, concerning acceptance of gifts by certain state agencies. (Criston Klotz)
Approve Memorandum as recommended by staff, BM/JB. All Commissioners agree.
Air Enforcement Agreed Orders
Item 8. Docket No. 98-0177-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Mr. Richard Taff dba Vintage Car Wash in El Paso County; Account No. EE-0989-C; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Lawrence King)
Issued Agreed Order, RM/BM. All Commissioners agree.
Item 9. Docket No. 98-0966-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Scan-Pac Manufacturing, Inc.in Montgomery County; Account No. MQ-0106-G; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Miriam Hall)
Issued Agreed Order, RM/BM. All Commissioners agree.
Item 10. Docket No. 98-0680-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Altura Energy Ltd. in Yoakum County; Account No. YA-0052-H; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith)
Issued Agreed Order, RM/BM. All Commissioners agree.
Item 11. Docket No. 98-0855-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Melvin Woods dba Sundance Motors in Dallas County; Account No. DB-4696-T; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz)
Issued Agreed Order, RM/BM. All Commissioners agree.
Item 12. Docket No. 98-0744-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Accutech Wood Products Incorporated in Ellis County; Account No. ED-0309-V; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz)
Issued Agreed Order, RM/BM. All Commissioners agree.
Public Water Supply Enforcement Agreed Orders
Item 13. Docket No. 96-1890-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Capital Intermediary Company in Collin County; TNRCC ID No. 043073; for public drinking water violations public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Robin Houston)
Issued Agreed Order, RM/JB. All Commissioners agree.
Item 14. Docket No. 97-0679-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kurt Dohman dba Tiffany Water Company in Galveston County; TNRCC ID No. 0840057; 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. (Robin Houston)
Issued Agreed Order, RM/JB. All Commissioners agree.
Item 15. Docket No. 98-0728-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Stone Hedge Utility Company, Incorporated dba Stonehedge Estates in Montgomery County; TNRCC ID No. 1700102; 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. (Robin Houston)
Issued Agreed Order, RM/JB. All Commissioners agree.
Item 16. Docket No. 97-1157-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Harbour Seafood, Inc. in Galveston County; PWS No. 0840234; for drinking water quality violations pursuant to Texas Health & Safety Code, Chapter 341, 30 TAC, Chapter 290, and the rules of the Texas Natural Resource Conservation Commission. (Adele Noel)
Issued Agreed Order, RM/JB. All Commissioners agree.
Item 17. Docket No. 98-0106-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of John Badger dba Lakeside RV Resort & Marine in Polk County; PWS No. 1870060; for drinking water quality violations pursuant to Texas Health & Safety Code, Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle)
Remanded item to staff.
Item 18. Docket No. 98-0153-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mill Creek Estates Association in Grimes County; PWS No. 0930054; for drinking water quality violations pursuant to the Texas Health & Safety Code, Chapter 341, 30 TAC, Chapter 290, and the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain)
Issued Agreed Order, RM/JB. All Commissioners agree.
Item 19. Docket No. 97-1152-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Barbara Rudd dba Rudd Country Incorporated in Lubbock County; PWS No. 1520103; for drinking water quality violations pursuant to Texas Health and Safety Code, Chapter 341, 30 TAC, Chapter 290, and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave)
Item continued to January 13, 1999.
Agricultural Enforcement Agreed Orders
Item 20. Docket No. 97-0197-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bradeco, Inc. in Erath County: TNRCC ID No. 03269-000; for dairy operation water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules the Texas Natural Resource Conservation Commission. (Kara Salmanson)
Issued Agreed Order, BM/JB. All Commissioners agree.
Item 21. Docket No. 97-1019-AGR-E. Consideration of an Agreed Order assessing administrative Penalties and requiring certain actions of Robert Lueck dba Lueck Dairy in Erath County; TNRCC ID No. 3439; for dairy operation water quality violations pursuant to Chapter 26 of the Texas Water Code and rules of the Texas Natural Resource Conservation Commission. (Kara Salmanson)
Issued Agreed Order, BM/JB. All Commissioners agree.
On-Site Inspection Default Order
Item 22. Docket No. 97-1049-OSI-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Bret Ferrell in Titus County; TNRCC ID No. None; for on-site sewage installer violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Risner)
Issued Default Order, JB/RM. All Commissioners agree.
Item 23. Docket No. 97-0693-OSI-E. Consideration of an Agreed Order assessing administrative penalties of Phillip Whitley in Montgomery County; No On-Site Sewage Facility Installer Certificate of Registration; for licensing certification violations pursuant to Texas Health & Safety Code, Chapter 366 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)
Issued Agreed Order, BM/RM. All Commissioners agree.
Landscape Irrigator Installer Enforcement Agreed Order
Item 24. Docket No. 97-0424-LII-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Don Hewett in Fort Bend County; TNRCC ID No. None; for landscape irrigator installer violations pursuant to Chapter 34 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Bill Jang)
Issued Agreed Order, RM/BM. All Commissioners agree.
Municipal Solid Waste Enforcement Agreed Order
Item 25. Docket No. 97-0088-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Timberline Designs, Inc. and Bondolier Corp. dba Reconstruction Specialties Co., in Williamson County; Unauthorized MSW No. 455110027; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Mary Risner)
Issued Agreed Order, JB/RM. All Commissioners agree.
Municipal Waste Discharge Enforcement Agreed Orders
Item 26. Docket No. 98-0156-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Adagio, Inc. in Harris County; TNRCC Permit No. 12406-001; for water quality violations pursuant to the Texas Water Code, Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson)
Issued Agreed Order, RM/BM. All Commissioners agree.
Item 27. Docket No. 98-0457-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Tom Bean in Grayson County; Permit No. 10057-001; for water quality violations pursuant to the Texas Water Code, Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)
Issued Agreed Order, RM/BM. All Commissioners agree.
Item 28. Docket No. 98-0354-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cross Roads Independent School District in Henderson County; Permit No. 13789-001; for water quality violations pursuant to the Texas Water Code, Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)
Issued Agreed Order, RM/BM. All Commissioners agree.
Industrial Waste Discharge Enforcement Agreed Order
Item 29. Docket No. 98-0347-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Air Liquide America Corporation in Dallas County; Permit No. WQ0002284-001; for water quality violations pursuant to the Texas Water Code, Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson)
Issued Agreed Order, BM/JB. All Commissioners agree.
Edwards Aquifer Enforcement Agreed Order
Item 30. Docket No. 98-0374-EAQ-E. Consideration of an Agreed Order assessing administrative penalties for Rhett M. Dawson & Co., Inc. in Williamson County; for water quality violations pursuant to Texas Water Code, Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Gerberding)
Issued Agreed Order, BM/JB. Marquez Absent
Petroleum Storage Tank Enforcement Agreed Orders
Item 31. Docket No. 98-0346-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Henderson County in Henderson County; PST Facility ID Nos. 17869, 17871, 17873 & 57825; for petroleum storage tank violations pursuant to the Texas Water Code, Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak)
Issued Agreed Order, JB/BM. All Commissioners Agree
Item 32. Docket No. 98-0646-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sulaiman Al-Haddad in Dallas County; PST Facility Identification No. 46216; for petroleum storage tank violations pursuant to Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Gloria Stanford)
Issued Agreed Order, JB/BM. All Commissioners Agree
Item 33. Docket No. 98-0781-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of J.L. Riley Enterprises, Inc. and Michael Jamieson in Dallas County; PST Facility ID No. 16897; for petroleum storage tank violations pursuant to Chapter 382 of the Texas Health and Safety Code, Chapter 7 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Paula Spears)
Issued Agreed Order, JB/BM. All Commissioners Agree
Item 34. Docket No. 98-0473-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Jack Pagan in Nueces County; PST Facility ID No. 16785; Enforcement ID No. 12442; for petroleum storage tank violations pursuant to Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Julia McMasters)
Issued Agreed Order, JB/BM. All Commissioners Agree
Industrial Hazardous Waste Enforcement Agreed Order
Item 35. Docket No. 98-0368-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Schumacher Company, Inc. in Harris County; Solid Waste Registration No. 31579; for industrial & hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, Chapters 7 and 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Anne Nyffenegger)
Issued Agreed Order, RM/BM. All Commissioners Agree
Rules (Publication and Hearing)
Item 36. Docket No. 98-1335-RUL. Consideration for publication of Proposed Notice of Review for 30 TAC Chapter 101, concerning General Rules. This review is in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997, which requires state agencies to review and consider for readoption rules adopted under the Administrative Procedure Act. (Beecher Cameron) (Rule Log No. 98071-101-AD).
Continued to January 13, 1999
Item 37. Docket No. 98-1336-RUL. Consideration for publication of proposed notice of review for 30 TAC Chapter 113, concerning Control of Air Pollution from Toxic Materials. This review is in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997, which requires state agencies to review and consider for readoption rules adopted under the Administrative Procedure Act. (Alan Henderson) (Rule Log No. 98032-113-AI).
Continued to January 13, 1999
Item 38. Docket No. 98-1332-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 1, concerning Purpose of Rules, General Provisions; 30 TAC Chapter 3, concerning Definitions; 30 TAC Chapter 5, concerning Advisory Committees; 30 TAC Chapter 10, concerning Commission Meetings; 30 TAC Chapter 305, concerning Consolidated Permits; and 30 TAC Chapter 312, concerning Sludge Use, Disposal, and Transportation. The primary purpose of this action is to clarify the rules and make minor corrections to references. These changes were identified in the course of the Texas Natural Resource Conservation Commission's (commission) review of these rules. This action also includes the commission's review of the rules contained in 30 TAC Chapters 1, 3, 5, 10, 20, and 40, in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. (Brian Christian) (Rule Log No. 98049-001-AD)
Go forth with publication and hearing, RM/JB. All Commissioners Agree
Item 39. Docket No. 98-1057-RUL. Consideration for publication and hearing on proposed revisions to 30 TAC Chapter 115, Subchapter A, Section 115.10, concerning Definitions; Subchapter C, concerning Volatile Organic Compound Transfer Operations: Division 1, Sections 115.211-115.217 and 115.219, concerning Loading and Unloading of Volatile Organic Compounds; Division 2, Sections 115.221-115.227 and 115.229, concerning Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities; Division 3, Sections 115.234-115.237 and 115.239, concerning Control of Volatile Organic Compound Leaks from Transport Vessels; and revisions to the State Implementation Plan (SIP) regarding these proposed revisions. These revisions will extend to the 95-county regional VOC control zone the Chapter 115 rules for Stage I vapor recovery, gasoline terminals, gasoline bulk plants, and gasoline tank-truck leak testing which currently apply in the Beaumont/Port Arthur, El Paso, Houston/Galveston, and Dallas/Fort Worth ozone nonattainment areas. The revisions also reorganize and modify existing portions of these Chapter 115 rules which apply in these four ozone nonattainment areas and in Aransas, Bexar, Calhoun, Gregg, Matagorda, Nueces, San Patricio, Travis, and Victoria Counties. (Bill Jordan/Eddie Mack) (Rule Log No. 98028-115-AI)
Continued to Dec 17, 1998 Work Session
Item 40. Docket No. 98-1410-RUL. Consideration for publication and hearing on proposed amendments to 30 TAC Chapter 114, Subchapter A, Section 114.1, concerning Definitions; and new Subchapter H, Sections 114.301 concerning Control Requirements for Reid Vapor Pressure; 114.302 concerning Control Requirements for Sulfur; 114.305 concerning Approved Test Methods; 114.306 concerning Recordkeeping Requirements; 114.307 concerning Exemptions; and 114.309 concerning Affected Counties; and revisions to the State Implementation Plan (SIP) regarding these proposed revisions. These revisions will require volatility and sulfur controls on gasoline in the 95-county regional control zone and the 15 counties of the Beaumont/Port Arthur, Dallas/Fort Worth, and Houston/Galveston ozone nonattainment areas. (Bill Jordan/Eddie Mack) (Rule Log No. 98058-114-AI)
Go forth with publication and hearing with instructions to staff from commissioners, BM/JB. All Commissioners Agree. Reconsider item # 40, BM/RM. All Commissioners Agree. Continued to Dec 17, 1998 Work Session, BM/RM. All Commissioners Agree
Item 41. Docket No. 98-1297-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 70, Subchapters A - C, concerning Enforcement. If approved, the proposed amendments would clarify the rules to make them more clearly consistent with provisions of Texas Water Code, Chapters 5 and 7; Texas Government Code, Chapter 2001, the Administrative Procedure Act; and the Texas Rules of Civil Procedure. In addition, this action includes the commission's review of the rules contained in 30 TAC Chapter 70, in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. (Tracy Harrison) (Rule Log No. 98053-070-AD)
Continued to January 13, 1999
Item 42. Docket No. 98-1437-RUL. Consideration for publication in the Texas Register and the holding of a public meeting on proposed changes to 30 TAC 321, Subchapter B concerning the discharge of waste into or adjacent to waters in the state by confined or concentrated animal feeding operations (CAFO). The rules concern the authorization of such discharge by individual permit or registration. The proposed changes will make the existing rules consistent with the EPA Region 6 CAFO general permit requirements and allow the commission to fulfill requirements for TPDES assumption. (Margaret Hoffman) (Rule Log No. 98074-321-WT)
Approve publication into Tex Register and Hold Public Meeting, JB/BM. All Commissioners Agree
Item 43. Docket No. 98-1438-RUL. Consideration for publication of notice and the holding of a public meeting on a proposed general permit to be issued under Texas Water Code 26.040. The proposed general permit would apply to the entire state of Texas and would regulate the off-site land disposal of waste or wastewater from animal feeding operations.(Margaret Hoffman)(Rule Log No. 98074-321-WT)
See Item #50
Rules (Adoption)
Item 44. Docket No. 98-0740-RUL. Consideration for adoption of amendments to 30 TAC Chapter 330, Subchapter P, Section 330.601, concerning Purpose and Applicability; Section 330.602, concerning Fees; and Section 330.603, concerning Reports. If adopted, the amendments will clarify the method of reporting waste received for disposal at a landfill or processing facility as a basis for accurately calculating the amount of waste disposal fees owed, and will repeal Section 330.602(a)(8), which expired on December 31, 1996. The proposal was published in the September 4, 1998, issue of the Texas Register (23 TexReg 8996). (Hector Mendieta) (Rule Log No. 97185-330-WS)
Adopt Amendments, JB/RM. All Commissioners Agree
Item 45. Docket No. 98-0887-RUL. Consideration for adoption of a proposed new 30 TAC Chapter 37, Subchapter O, Sections 37.5001, 37.5002, 37.5011, concerning Financial Assurance for Public Drinking Water Systems and Sewer Utilities, a proposed amendment to 30 TAC Subchapter A, Section 80.3, concerning Judges, proposed amendments to 30 TAC Chapter 290, concerning Public Drinking Water, proposed amendments to 30 TAC Chapter 291, concerning Utility Regulation, the proposed repeal of 30 TAC Chapter 291, Section 291.16, concerning Applicability of Commission Service Rules, and a proposed new 30 TAC Chapter 291, Sections 291.34, 291.140, 291.144, 291.150-291.153, concerning Utility Regulation. The proposed rules would implement S.B. 1, Article 6, 75th Legislature 1997, streamline existing rules, and clarify the intent of existing rules. The proposed rules were published in the October 23, 1998, issue of the Texas Register (23 Tex. Reg. 10803). In addition, this proposed action constitutes the commission's review of the rules contained in 30 TAC Chapter 290, Subchapters D-G, concerning Public Water Systems, and 30 TAC Chapter 291, concerning Utility Regulation, in accordance with the General Appropriations Act, Article IX, Rider 167, 75th Legislature, 1997. The proposed rules review was published in the October 23, 1998, issue of the Texas Register (23 Tex. Reg. 10925). (Wayne Wiley) (Rule Log No. 97148-291-WT)
Continued to January 13, 1999
Item 46. Docket No. 98-0848-RUL. Consideration for adoption in the Texas Register amendments to 30 TAC 285, concerning the implementation of House Bill 3059 (1997) regarding the definition of on-site sewage facilities and permitting and maintenance requirements for aerobic treatment systems. If adopted, the amendments will expand the definition of local governmental entity to include public health districts, provide an option for certain owners of aerobic treatment systems to perform the required maintenance personally or through a maintenance contract, and update the testing criteria of certain aerobic treatment systems to National Sanitation Foundation International standards. The proposal was published in the September 25, 1998, issue of the Texas Register (23 TexReg 9701). (Warren Samuelson) (Rule Log No. 97150-285-WT)
Adopt Amendments with changes, BM/RM. All Commissioners Agree
Rules (Withdrawal)
Item 47. Docket No. 98-0628-RUL. Consideration for withdrawal of the proposed repeal of 30 TAC Chapter 106, Subchapter A, concerning general requirements for exemptions from permitting; proposed new 30 TAC Chapter 106, Subchapter A, concerning general requirements for exemptions from permitting; and proposed revisions to 30 TAC Chapter 116, Section 116.620, concerning installation and/or modification of oil and gas facilities. If approved, the withdrawal would formally terminate the rule proposal published in the Texas Register on September 11, 1998 (23 TexReg 9251). (Jim Dodds, Kerry Drake) (Rule Log No. 98020-106-AI).
Withdrawal of proposed repeal, JB/RM. All Commissioners Agree
EXECUTIVE SESSION
Item 48. 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.
No Action Taken
Item 49. 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.
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, December 16, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 50. Docket No. 98-1438-RUL. Consideration for publication of notice and the holding of a public meeting on a proposed general permit to be issued under Texas Water Code 26.040. The proposed general permit would apply to the entire state of Texas and would regulate the off-site land application of waste or wastewater from animal feeding operations. (Margaret Hoffman) (Rule Log No. 98074-321-WT)
Continued to January 13, 1999


OLD BUSINESS AGENDA

Wednesday, December 16, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E

12100 Park 35 Circle

Item carried forward from Agenda of December 2, 1998.
Item 1. Docket Nos. 95-0245-ISW and 95-0246-IWD; SOAH Docket No. 582-95-1047. Consideration of the applications by Hallco Texas, Inc. for Permit Nos. SW-39090 and 03665 and status report from the Administrative Law Judge (McMullen County).
See Item # 1


AGENDA

Wednesday, December 16, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 95-0245-ISW and Docket No. 95-0246-IWD; SOAH Docket No. 582-95-1047. Consideration of the application by Hallco Texas, Inc. for Permit Nos. SW-39090 and 03665; certified question; and status report from the Administrative Law Judge (McMullen County).
Remand item back to Administrative Law Judge, BM/RM. All Commissioners Agree