AGENDA

Wednesday, March 24, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 1998-1154-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. 1999-0024-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. 1999-0025-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. 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


ADDENDUM TO AGENDA

Wednesday, March 24, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 4. Docket No. 1999-0398-EXE. The Commission will meet in closed session to receive legal advice concerning the following pending litigation: Tom Lake v. Gregg Cooke and Sierra Club v. Gregg Cooke, Case Nos 99-60011 and 99-60015, in the United State Court of Appeals For The Fifth Circuit. The Authority for the closed session is Section 551.071 of the Open Meetings Act, Chapter 551 of the Texas Government Code. The Commission may also meet in open session to take action on this matter, as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.
Authorize Duncan Norton to instruct the Attorney General by letter to formally intervene on behalf of the TNRCC in litigation of Tom Lake v. Gregg Cooke and Sierra Club v Gregg Cooke, Case Nos 99-60011 and 99-60015. RH/RM. All Agree


OLD BUSINESS AGENDA

Wednesday, March 24, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from agenda of Dec 16, 1998, January 13, 1999 and February 10, 1999.
Item 1. 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)
Remand to Executive Director, JB/RH. All Commissioners Agree

HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, March 24, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

12100 Park 35 Circle

Room 201S, Bldg. E

Hearing Request
Item 1. Docket No. 1998-1100-MWD. Requested by WALTER JOSEPH SAUDER for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 13923-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 80,000 gallons per day. The plant site is located approximately one and one-half (1.5) miles south of the intersection of Farm-to-Market Road 758 and State Highway 46 in Guadalupe County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Robert Robinson/Margaret Hoffman)
See Item 50
Authorization To Construct
Item 2. Docket No. 1999-0362-MWD. Consideration of a Request by Lipar Group, Inc. for an Order under the Texas Water Code Sections 26.019 and 26.027(c) authorizing construction of the Lone Star Ranch Wastewater Treatment Facility in Montgomery County, Texas before Commission consideration of Lipar Group's wastewater discharge permit application and draft permit. The proposed authorization to construct would not permit the use of the treatment facility prior to Lipar Group's obtaining a discharge permit. (Carol Lear, Firoj Vahora)
Approve Authorization to Construct, RH/RM. All Commissioners Agree
Item 3. Docket No. 1999-0369-MWD. Consideration of a Request by Bahram Solhjou for an Order authorizing construction of a wastewater treatment plant, in Harris County, Texas, before Commission consideration of its application for a wastewater 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. (Kathy Brown, Mark E. Sullivan)
Continued to April 7, 1999, RH/RM. All Commissioners Agree
Designation of Single Properties
Item 4. Docket No. 1999-0300-AIR. Consideration of a Petition and Proposed Order regarding Designation of Single Property, pursuant to 30 TAC Section 101.2(b), concerning Multiple Air Contaminant Sources or Properties, submitted by Louisiana-Pacific Corporation and Universal Forest Products Texas L.P. in Hardin County, Texas. If granted the petitioners will have their properties designated as a single property for the purpose of demonstrating compliance with TNRCC regulations and the control of air emissions. (Kerri Rowland/Victoria Hsu)
Approve Designation of Single Property, JB/RH. All Commissioners Agree
Item 5. Docket No. 1999-0301-AIR. Consideration of a Petition and Proposed Order regarding Designation of Single Property, pursuant to 30 TAC 101.2(b), concerning Multiple Air Contaminant Sources or Properties, submitted by Louisiana-Pacific Corporation and Universal Forest Products Texas L.P. in Walker County, Texas. If granted the petitioners will have their properties designated as a single property for the purpose of demonstrating compliance with TNRCC regulations and the control of air emissions. (Kerri Rowland/Victoria Hsu)
Approve Designation of Single Property, JB/RH. All Commissioners Agree
Resolution
Item 6. Docket No. 1998-0417-AIR. Consideration of gifts and donations of $500.00 or more in value given to the TNRCC, submitted for approval in accordance with Senate Bill 145, which added Chapter 575 to the Government Code, concerning acceptance of gifts by certain state agencies. (C. Klotz)
Approve Staff Recommendation, RM/JB. All Commissioners Agree
Item 7. Docket No. 1999-0303-RES. Consideration of a Resolution Reaffirming the Importance of the Small Business Assistance Program. (Monica Harris/Tamra-Shae Oatman)
Approve Resolution with changes, RM/RH. All Commissioners Agree
On-Site Sewage Enforcement Agreed Orders
Item 8. Docket No. 1998-0732-OSI-E. Consideration of an Agreed Order assessing administrative penalties of Robert Upchurch; Tyler County; On-site sewage facility; Installer No. 3201; for OSSF installation violations pursuant to the Texas Health & Safety Code 366, and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 9. Docket No. 1998-0534-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Richard Wimberley in Robertson County; TNRCC ID No. 12213; 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. (Kathy Keils)
Issue Agreed Order, RH/RH. All Commissioners Agree
Edward Aquifer Enforcement Agreed Orders
Item 10. Docket No. 1998-0246-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ultramar Diamond Shamrock Corp. in Williamson County; Edwards Aquifer Protection Program File Number 94031101; for water quality violations and past-due Hazardous Waste Facility Program fees, Public Health Service fees, and Voluntary Cleanup Program fees pursuant to Texas Water Code, Chapters 7 and 26, Texas Health & Safety Code, Chapters 341 and 361, and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 11. Docket No. 1998-0552-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of TETCO Stores, Inc. in Bexar County; Edwards Aquifer Program No. 806; for water quality violations pursuant to Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)
Issue Agreed Order, JB/RM. All Commissioners Agree
Municipal Waste Discharge Enforcement Agreed Orders
Item 12. Docket No. 1998-0455-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Red River Authority of Texas in Clay County; Water Quality Permit No. 0011445-001; for water quality violations pursuant to Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Cliff Moore)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 13. Docket No. 1998-0975-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of BC Utilities, Inc. in Harris County; Water Quality Permit No. 11145-001; for water quality violations, as well as public health service fee violations, pursuant to Texas Health & Safety Code, Chapter 341, and Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 14. Docket No. 1998-0215-MWD-E. Consideration of an Agreed Order assessing administrative penalties of Teen Mania Ministries, Inc. in Smith County; Water Quality Permit No. 13790-001; for water quality violations pursuant to Texas Water Code, Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)
Issue Agreed Order, RM/RH. All Commissioners Agree
Municipal Waste Discharge Enforcement Default Order
Item 15. Docket No. 1997-1013-MWD-E. Consideration of a Default Order assessing administrative penalties against Kevin and Judy Luna dba Carrizo Creek Mobile Home Park in Nacogdoches County; Permit No. None; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Laura Kohansov)
Issue Default Order, RH/RM. All Commissioners Agree
Municipal Solid Waste Enforcement Agreed Orders
Item 16. Docket No. 1998-0152-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Henry Ed Kerl in Grimes County; Unauthorized Municipal Solid Waste No. 455090056; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Texas Health & Safety Code, Chapter 361, Texas Water Code, Chapter 7 and the rules of the Texas Natural Resource Conservation Commission. (Sabelyn Pussman)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 17. Docket No. 1998-1123-MSW-E. Consideration of an Agreed Order assessing administrative penalties of Mark McFadden, Lone Star Medi-Waste, Inc., and Positive Impact Waste Solutions, Inc. in Lamb County; MSW Unauthorized Facility No. 455020018; 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 7, and the rules of the Texas Natural Resource Conservation Commission. (John Mead)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 18. Docket No. 1998-1122-MSW-E. Consideration of an Agreed Order assessing administrative penalties of Lone Star Medi-Waste, Inc. in Lamb County; MSW 54006 & 50056; for municipal solid waste violations pursuant to the Texas Solid Waste Act, Texas Health & Safety Code, Chapter 361 and the Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (John Mead)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 19. Docket No. 1998-0839-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Laredo in Webb County; MSW Landfill 1693; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Texas Health & Safety Code, Chapter 361 and Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Carol Piza)
Continued to April 7, 1999
Item 20. Docket No. 1997-1142-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bell Processing, Inc., in Wichita and Montague Counties; TNRCC ID Nos. 1571, 40048, and 40101; for municipal solid 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. (Mary R. Risner)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 21. Docket No. 1997-0795-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bell Processing, Inc. in Wichita and Montague Counties; TNRCC ID Nos. 1571, 40048, and 401010; for municipal solid 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. (Mary R. Risner)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 22. Docket No. 1997-0794-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bell Processing, Inc. in Wichita and Montague Counties; TNRCC ID Nos. 1571, 40048, and 40101; for municipal solid 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. (Mary R. Risner)
Issue Agreed Order, JB/RM. All Commissioners Agree
Sludge Enforcement Agreed Order
Item 23. Docket No. 1998-0634-SLG-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of L.C. Skinner dba L.C. Skinner Vacuum Truck Service in Wise County; Transporter No. 21483; for water quality violations pursuant to Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)
Issue Agreed Order, RM/RH. All Commissioners Agree
Sludge Enforcement Default Order
Item 24. Docket No. 1998-0303-SLG-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Billy R. Stringer dba National Cleaning Systems in Angelina County; TNRCC ID No. 22176; for sewage sludge violations pursuant to Texas Water Code chs. 7 and 26 and Texas Health & Safety Code chs. 361 and 366, and the rules of the Texas Natural Resource Conservation Commission. (Bill Jang)
Remand to Executive Director, RH/RM. All Commissioners Agree
Multi-Media Enforcement Agreed Order
Item 25. Docket No. 1998-0479-MLM-E. Consideration of an Agreed Order against Raul Valles, in El Paso County; Air Account No. EE-2031-S; for air quality and municipal solid waste violations pursuant to the Texas Clean Air Act, the Texas Solid Waste Disposal Act, Texas Health & Safety Code, Chapters 382 and 361, the Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Adele Noel)
Issue Agreed Order, RH/JB. All Commissioners Agree
Multi-Media Default Order
Item 26. Docket No. 1998-0129-MLM-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Bear Motor Sales, Inc. in Dimmitt County; TNRCC ID No. DI-0027-T; for air quality and industrial and hazardous waste violations pursuant to the Solid Waste Disposal Act, the Texas Clean Air Act, and the rules of the Texas Natural Resource Conservation Commission. (John Peeler)
Issue Default Order, RH/JB. All Commissioners Agree
Industrial Hazardous Waste Enforcement Agreed Orders
Item 27. Docket No. 1997-0719-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Asarco, Incorporated in Nueces County; TNRCC ID No. 30003; for industrial and hazardous 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. (Guy Henry)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 28. Docket No. 1998-1169-IHW-E. Consideration of an Agreed Order amending an Order issued by the Texas Water Commission on December 2, 1992 (the "1992 Order"). The Amended Agreed Order would modify specific provisions of the 1992 Order, and would require certain actions of Elf Atochem North America, Incorporated in Brazos County; TNRCC ID No. 31695; for industrial and hazardous waste violations alleged in the 1992 Order, 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. (Ali Abazari)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 29. Docket No. 1998-0992-IHW-E. Consideration of an
Agreed Order assessing administrative penalties and requiring certain actions of E.I. Du Pont de Nemours & Co., Inc. in Orange County; Enforcement ID No. 1028; for industrial & hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Texas Health & Safety Code, Chapter 361 and the Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Craig Fleming)
Issue Agreed Order, RM/RH. All Commissioners Agree
Agricultural Enforcement Agreed Orders
Item 30. Docket No. 1998-0398-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Aztex Dairy, Inc., in Erath County; TNRCC ID No. 02953; 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. (Ali Abazari)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 31. Docket No. 1997-0738-AGR-E. Consideration of an Agreed Order assessing administrative penalties against San Angelo Feedyard in Tom Green and Runnells County; TNRCC ID No. 01522; for confined animal feeding operation water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Bill Jang)
Issue Agreed Order, RM/JB. All Commissioners Agree
Air Enforcement Agreed Orders
Item 32. Docket No. 1998-0158-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Big 'R' Rents Corporation in El Paso County; TNRCC ID No. EE-1314-K; 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 Agreed Order, JB/RH. All Commissioners Agree
Item 33. Docket No. 1998-0122-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Israel Leal dba Lockwood Collision Repair in Harris County; TNRCC ID No. 12138; 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. (Ali Abazari)
Issue Agreed Order, JB/RH. All Commissioners Agree
Industrial Waste Discharge Enforcement Agreed Order
Item 34. Docket No. 1998-0934-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Acme Brick Company in Bastrop County; Water Quality Permit No. 00444; for water quality violations pursuant to Texas Water Code, Chapter 26 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)
Issue Agreed Order, RM/JB. All Commissioners Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 35. Docket No. 1998-0553-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Diamond Mini-Mart, Inc., a Wholly-Owned Subsidiary of Evans Systems, Inc., in Brazoria County; TNRCC ID No. 0022313; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (William Puplampu)
Issue Agreed Order, RH/JB. All Commissioners Agree
Item 36. Docket No. 98-0648-PST-E. Consideration of an Agreed Order assessing administrative penalties to Andrews Transport Inc. Trucking Company in Tarrant County; for air quality violations pursuant to Texas Health & Safety Code Chapter 382, and the Texas Water Code Chapter 7, and the rules of the Texas Natural Resource Conservation Commission.
Issue Agreed Order, RH/JB. All Commissioners Agree
Item 37. Docket No. 1998-0603-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Peshawar Inc. dba Goober's in Orange County; PST Facility ID No. 0008296; for petroleum storage tank 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. (Larry Hagen)
Issue Agreed Order, RH/JB. All Commissioners Agree
Item 38. Docket No. 1998-1004-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bismo Inc. dba Highway 80 Texaco in Tarrant County; PST Facility ID No. 13518; for petroleum storage tank violations pursuant to the Texas Health & Safety Code, Chapter 382 and the Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Frank Muser)
Issue Agreed Order, RH/JB. All Commissioners Agree
Item 39. Docket No. 1998-0903-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Phillips 66 Company in El Paso County; Facility ID No. 0036471; 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. (Rebecca Cervantes)
Issue Agreed Order, RH/JB. All Commissioners Agree
Rules (Publication and Hearing)
Item 40. Docket No. 1999-0245-RUL. Consideration for publication of, and hearing on, proposed notice of review of 30 TAC Chapter 312, concerning Sludge Use, Disposal, and Transportation, as required by the General Appropriations Act, Article IX, 167, 75th Legislature, 1997. If approved, announcement of review and hearing will be published for comment in the Texas Register. (Darrell Williams) (Rule Log No. 99004-312-WT)
Approve publication and hearing, JB/RM. All Commissioners Agree
Item 41. Docket No. 1999-0087-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 113, Subchapter C, concerning National Emission Standards for Hazardous Air Pollutants for Source Categories, Sections 113.120, 113.200, 113.220, 113.250, 113.290, 113.340, and 113.380; and proposed new Sections 113.170, 113.240, 113.410, 113.430, 113.460, 113.470, 113.480, 113.490, 113.530, 113.620, 113.640, and 113.660. The proposed rules would incorporate by reference changes that the United States Environmental Protection Agency (EPA) has made to certain Maximum Achievable Control Technology (MACT) standards that the commission has previously adopted and would incorporate by reference 12 new federal MACT standards for the control of hazardous air pollutant emissions from specific source categories. MACT standards are found in 40 Code of Federal Regulations Part 63. The previously adopted MACT standards that EPA has changed are: Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater, Subpart G; Ethylene Oxide Sterilization Facilities, Subpart O; Industrial Process Cooling Towers, Subpart Q; Halogenated Solvent Cleaning, Subpart T; Secondary Lead Smelting, Subpart X; Petroleum Refineries, Subpart CC; and Aerospace Manufacturing and Rework Facilities, Subpart GG. The 12 new federal MACT standards are: Coke Oven Batteries, Subpart L; Pulp and Paper Production, Subpart S; Wood Furniture Manufacturing Operations, Subpart JJ; Primary Aluminum Reduction Plants, Subpart LL; Tanks - Level I, Subpart OO; Containers, Subpart PP; Surface Impoundments, Subpart QQ; Individual Drain Systems, Subpart RR; Oil-Water Separators and Organic-Water Separators, Subpart VV; Hazardous Waste Combustors, Subpart EEE; Pharmaceuticals Production, Subpart GGG; and Flexible Polyurethane Foam Production, Subpart III. MACT standards are applicable statewide to major and a limited number of non-major or area sources which emit any of EPA-designated 188 hazardous air pollutants. The level of control is based on the maximum level of control achieved in practice within the industry. The staff also requests approval to seek formal delegation from EPA for the 12 new MACT standards. (Ann Hammer/Steve Hagle) (Rule Log No. 99002-113-AI). (Ann Hammer/Steve Hagle) (Rule Log No. 99002-113-AI).
Approve Publication, RH/RM. All Commissioners Agree
Item 42. Docket No. 1999-0013-RUL. Consideration for the publication of proposed notice of review for 30 TAC Chapter 210, concerning Use of Reclaimed Water. The review is in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. If approved, the notice of review will be published for comment in the Texas Register. (Santos Olivarez) (Rule Log No. 98047-210-WT)
Approve Publication, RH/RM. All Commissioners Agree
Rules (Publication of Proposed Amendments)
Item 43. Docket No. 1999-0244-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 335, Subchapter H, concerning Standards for the Management of Specific Wastes and Specific Types of Facilities. The proposed rules would revise the commission's hazardous waste rules to add paint and paint-related waste to the list of universal wastes and add management standards for the new proposed universal waste. The proposed rules would also make a technical correction and correct cross-references. (Ray Austin) (Rule Log No. 97183-335-WS)
Approve Publication of Proposed Amendments, RM/RH. All Commissioners Agree
Item 44. Docket No. 1999-0116-RUL. Consideration for publication of proposed amendments to the following sections of 30 TAC Chapter 39, concerning Public Notice, and Chapter 305, concerning Consolidated Permits: 39.13 Mailed Notice, 39.103Application for Industrial or Hazardous Waste Facility Permit, 305.2Definitions, 305.69 Solid Waste Permit Modifications at the Request of the Permittee, 305.125 Standard Permit Conditions, 305.172Determining Feasibility of Compliance and Adequate Operating Conditions, 305.174 Existing Incinerators, 305.401 Compliance Plan, 305.572 Permit and Trial Burn Requirements, 305.573 Interim Status and Trial Burn Requirements. The proposed rules update and clarify the Commission's public notice rules and hazardous and industrial solid waste rules relating to public participation and permit modification procedures. (Ray Austin) (Rule Log No. 97129-039-AD)
Approve Publication of proposed amendments, RM/JB. All Commissioners Agree
State Implementation Plan
Item 45. Docket No. 1999-0351-SIP. Consideration for publication of, and hearing upon, the proposed State Implementation Plan (SIP) and agreed order concerning the 1999 Collin County Redesignation and Maintenance Plan for Lead for the redesignation to attainment of that portion of Collin County currently designated as nonattainment for the National Ambient Air Quality Standard (NAAQS) for lead. (John Gillen) (Rule Log No. 98023-SIP-AI)
Approve publication and hearing, RM/JB. All Commissioners Agree
EXECUTIVE SESSION
Item 46. Docket No. 1999-0024-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 47. Docket No. 1999-0025-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. 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
(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TNRCC AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH AS INTERPRETERS FOR PERSONS WHO ARE DEAF OR HEARING IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA, SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.) (PERSONS WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TNRCC AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.)
REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM.


ADDENDUM TO AGENDA

Wednesday, March 24, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 48. Docket No. 1999-0408-RES. Consideration of a resolution recognizing certain members of the Waste Reduction Advisory Committee. (Ken Zarker)
Approve Resolution, RH/JB. All Commissioners Agree


SECOND ADDENDUM TO AGENDA

Wednesday, March 24, 1999

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 49. Docket No. 1999-0411-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 Texas Administrative Code (TAC) Chapter 39, Subchapter A - Public Notice, Subchapter C - Public Notice of Water Quality Applications; 30 TAC 281, Subchapter A - Application Processing; 30 TAC Chapter 305, Subchapter C - Application for Permit, Subchapter D - Amendments, Renewals, Transfers, Corrections, Revocation, and Suspension of Permits. If approved, the rules would amend and clarify existing notice provisions and other requirements for certain new TPDES permits. The rule would also amend the minor amendment provisions of the rules to create three levels of amendments for TPDES permits and would amend the notice provisions relating to those minor amendments. (Emily Rogers) (Rule Log No. 99003-039-WT)
Approve publication as amended, RH/RM. All Commissioners Agree


THIRD ADDENDUM TO AGENDA

Wednesday, March 24, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 50. Docket No. 1999-1100-MWD. Requested by WALTER JOSEPH SAUDER for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 13923-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 80,000 gallons per day. The plant site is located approximately one and one-half (1.5) miles south of the intersection of Farm-to-Market Road 758 and State Highway 46 in Guadalupe County, Texas. The Commission will consider the application, the hearing requests, public comments, the Office of Public Interest Counsel's Response to Request for Hearing and Public Comment, and the Executive Director's Response to Request for Hearing and Public Comments that have been filed on the application. (Robert Robinson/Margaret Hoffman)
Continued to April 7, 1999


FOURTH ADDENDUM TO AGENDA

Wednesday, March 24, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 51. Docket No. 1999-0311-AGR. Requested by DENNIS AND SHERI HAKES for a proposed Texas Pollutant Discharge Elimination System (TPDES) Permit which will amend the existing Permit No. 03087 to authorize an increase in the number of head located at the dairy from 600 head to a maximum to 990 head. The permit authorizes the disposal of wastewater on 53 acres of agricultural land located on-site. Waste will be beneficially used on 127 acres of agricultural land located on-site. No discharge of pollutants into the waters of the State is authorized by this permit. The facility is located approximately one half mile south of State Highway 6 on Farm-to-Market Road 914, southeast of the community of Alexander in Erath County, Texas. The Commission will consider the application, the hearing requests, public comments, the Office of Public Interest Counsel's Response to Request for Hearing and Public Comment and the Executive Director's Response to Request for Hearing and Public Comments that have been filed on the application. (Edward Whitmore/Marianne Baker)
Grant Hearing Request and Remand to SOAH, JB/RH. All Commissioners Agree


AGENDA

Wednesday, March 24, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. TNRCC Docket No. 1998-0345-UCR; SOAH Docket No. 582-98-0993: Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of Everet Square, Inc. to amend CCN No. 12831 to provide water service to a 13.49-acre development in Harris County, Texas. Recommendation: The ALJ recommends that the application to amend the CCN be denied. (K. Smith)
Continued Until May 12, 1999 and allow Alternative Dispute Resolution, JB/RM. All Commissioners Agree
Item 2. TNRCC Docket No. 1996-1558-PWS-E; SOAH Docket No. 582-98-1683: Consideration of Administrative Law Judges Proposal for Decision and Order against David Lott dba Playcation Marina alleging violations of Commission rules and provisions of the Texas Health & Safety Code regarding public drinking water systems. The facility is located in Sabine County, Texas.
Adopt Proposal for Decision and Issue Order with changes as recommended by Executive Director, RM/JB. All Commissioners Agree
Item 3. TNRCC Docket No. 1997-0583-AGR-E; SOAH Docket No. 582-98-1223: Consideration of Administrative Law Judges Proposal for Decision and Order against Derrel Hungerford alleging violations of Commission rules regarding an unauthorized discharge of wastewater, and inadequate facilities to retain all feedlot rainwater runoff. The facility if located in Comanche County, Texas.
Adopt Proposal for Decision and Issue Order with changes to order to reflect payment plan of 12 months, RM/RH. All Commissioners Agree