AGENDA

Wednesday, May 26, 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


OLD BUSINESS AGENDA

Wednesday, May 26, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of April 7, 1999.
Item 1. Docket No. 1999-0332-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 115, Control of Air Pollution From Volatile Organic Compounds, Section 115.127, concerning Exemptions; and for revisions to the State Implementation Plan. The proposed amendment would revise the vent gas rule by permanently establishing the 30,000 parts per million concentration limit exemption for pulp and paper mills. (Ann Hammer) (Rule Log No. 98057-115-AI).
See Item #40
Item carried forward from Agenda of May 12, 1999.
Item 2. Docket No. 1998-0461-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Terry Tackett in Wise County; Registration 22237; 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)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item carried forward from Agenda of May 12, 1999.
Item 3. Docket No. 1998-0994-RUL. Consideration for adoption of amendments to 30 TAC Chapter 330, Subchapter A, Section 330.4, concerning Permit Required; and Subchapter E, Section 330.65, concerning Registration for Solid Waste Management Facilities. The amendments will clarify registration authorization requirements for municipal solid waste transfer stations, prohibit construction of transfer stations prior to authorization, and modify transfer station odor control criteria. (John Forehand/Vic Ramirez) (Rule Log No. 98010-330-WS)
Approve Adoption of Amendments, RH/RM. All Commissioners Agree


HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, May 26, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg. 201S

12100 Park 35 Circle

Hearing Requests
Item 1. Docket No. 1999-0413-MWD. Consideration of permit application #13984-001, submitted by HAMMOND MOUND UTILITIES, INC. for a new permit, proposed Texas Pollutant Discharge Eliminating System (TPDES) Permit No. 13984-001, to authorize in the interim phase the discharge of treated domestic wastewater at a daily average flow not to exceed 49,000 gallons per day and in the final phase the discharge of treated domestic wastewater at a daily average flow not to exceed 99,000 gallons per day. The plant site is located approximately 1.2 miles east of the intersection of Adams Flat Road and Wilson Road, approximately 0.35 miles west of the intersection of Farm-to-Market Road 529 and Farm-to-Market Road 362 in Waller County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Directors response to comments. (Robert Robinson/Margaret Hoffman)
Continued to June 30, 1999
Item 2. Docket No. 1999-0567-MWD. Consideration of permit application # 10781-004, submitted by CITY OF HUNTSVILLE for a new permit (proposed TPDES Permit No. 10781-004), which authorizes the discharge of treated domestic wastewater with an annual average flow not to exceed 2,500,000 gallons per day. The wastewater treatment facility will serve the City of Huntsville's McDonald Creek, Robinson Creek and McGary Creek watershed areas. The plant site is located on Farm-to-Market Road 1374, approximately 4 miles south-southwest of the intersection of Interstate Highway 45 and Farm-to-Market Road 1374 in Walker County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Julian D. Centeno Jr./Marianne Baker)
Grant Hearing Request of Gibbs and Smith, remand to Alternative Dispute Resolution for 4 to 6 weeks if mediation fails forward to State Office Administrative Hearings for a hearing on the Water Quality Issues, RM/JB. All Commissioners Agree
Item 3. Docket No. 1999-0554-IWD. Consideration of permit application # 03477, submitted by AMTOPP CORPORATION for a major amendment to TNRCC Permit No. 03477 to authorize an increase from a daily average flow not to exceed 140,000 gallons per day to a daily average flow not to exceed 533,000 gallons per day via Outfall 001; to add two additional waste streams (non-contact cooling water from the chiller system and non-contact cooling water from the air conditioning system) to the list of permitted waste streams at Outfall 001; and to add two additional waste streams (raw water from the fire water system and air conditioning condensate) to the list of permitted waste streams at Outfalls 002 and 003. The current permit authorizes the discharge of contact cooling water, cooling tower blowdown, reverse osmosis reject water, and treated domestic wastewater at a daily average flow not to exceed 140,000 gallons per day via Outfall 001, and storm water on an intermittent and flow variable basis via Outfalls 002 and 003. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0108405 issued on February 26, 1993 and TNRCC Permit No. 03477. The applicant operates a plastic extrusion facility manufacturing plastic film, plastic bags, and plastic corrugated sheets. The plant site is located at 101 Inteplast Boulevard., adjacent to Farm to Market Road 1593, approximately 3.5 miles south of the City of Lolita, Jackson County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Chris Linendoll/Marianne Baker)
Deny Hearing Request and Issue Permit, RM/RH. All Commissioners Agree
District Matter
Item 4. Docket No. 1999-0586-DIS. Consideration of an application by Fort Bend County Municipal Utility District No. 113 for Approval of $2,500,000 Unlimited Tax Bond Issue; First Issue; 6.2% Net Effective Interest Rate; Series 1999; The District's application requests Commission approval of a bond issue to finance a lift station and force main; operating costs; creation costs; and water, wastewater, and drainage facilities for Waters of Avalon Section One. (TNRCC Internal Control No. 08051998-D04, Robert Cummins)
Approve bond application, RM/JB. All Commissioners Agree
Emergency Order
Item 5. Docket No. 1999-0561-IWD. Consideration of a Request by Formosa Plastics Corporation, Texas for an Order Approving an Emergency Order. The Emergency Order was granted by the Executive Director, without a hearing, on April 30, 1999. The Emergency Order was granted under Sections 5.501 and 5.509, Texas Water Code (the Code), and 30 Texas Administrative Code (TAC) Sections 35.301 - 35.303. The Emergency Order authorized an increase of the discharge from Internal Outfall 101, at Formosa's Point Comfort Plant, from the current 4.0 million gallons per day (MGD) daily average flow to 5.8 MGD daily average flow for a period not to exceed 180 days. The plant is located in Calhoun County, Texas. (Kathy Brown, Chris Linendoll)
Remanded to Executive Director
Temporary Order
Item 6. Docket No. 1999-0570-MWD. Consideration of an application for a Temporary Order submitted by the City of Dallas (TNRCC Permit No. 10060-001; EPA NPDES Permit No. TX0047830), and consideration of requests for a contested case hearing on the application. The City of Dallas has applied for a Temporary Order authorizing the discharge of 150 million gallons per day (MGD) from the Applicant's wastewater treatment facility from an outfall located approximately one mile upstream of the currently permitted outfall pipe. The plant site is located on the west bank of the Trinity River at 1020 Sergeant Road in the City of Dallas in Dallas County, Texas. The treated effluent will be discharged to the Upper Trinity River in Segment No. 0805 of the Trinity River Basin. (Jim Bateman, Melinda Luxemburg)
Approve, RH/JB. All Commissioners Agree
Designation of Single Property
Item 7. Docket No. 1999-0598-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 Huntsman Polymers Corporation and ORREX Plastics Company, L.L.C. in Ector 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. (Janis Hudson, Victoria Hsu)
Approve Petition & Proposed Order, RM/JB. All Commissioners Agree
Air Quality Enforcement Agreed Orders
Item 8. Docket No. 1998-0331-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Philip M. Robertson, Jr. dba Five Star Automotive in Denton County; TNRCC ID No. DF-0472-E; 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. (Lisa Usleton Dyar)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 9. Docket No. 1998-1186-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Lightening Metals Specialties, Inc. in Comal County; Account No. CS-0099-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. (David Turner)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 10. Docket No. 1998-1492-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Douglass W. King Company, Inc. dba Rio Grande Technologies, LLC in Cameron County; Account No. CD-0137-O; 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)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 11. Docket No. 1998-1126-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Continental Cabinets Manufacturing, Incorporated in Dallas County; Account No. DB-0621-J; 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. (Carl Schnitz)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 12. Docket No. 1998-1173-AIR-E. Consideration of an Agreed Order assessing administrative penalties of C & R Distributing, Incorporated in El Paso County; Account No. EE-0432-K; 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. (Stacey Young)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 13. Docket No. 1998-1399-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Oil Patch Sandblast and Paint, Ltd. in Harris County; Account No. HX-1323-M; 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)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 14. Docket No. 1998-1434-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of U S Cast Products Incorporated dba Ace Marble Incorporated in Johnson County; Account No. JH-0111-U; 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)
Issue Agreed Order, RM/JB. All Commissioners Agree
Termination of Air Enforcement Agreed Order
Item 15. Docket No. 1995-0663-AIR-E. Consideration of terminating an Agreed Order that assessed administrative penalties and required certain actions of TXI Operations, L.P. (formerly Texas Industries, Inc.) in Ellis County; TNRCC ID No. ED-0066-B; 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. (Lisa Uselton Dyar)
Continued to August 11, 1999
Public Water Supply Enforcement Agreed Orders
Item 16. Docket No. 1998-1324-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of San Pedro Canyon Water Company in Val Verde County; Public Water Supply No. 2330011; for drinking water violations pursuant to the Texas Health & Safety Code, Chapter 341, Texas Water Code, Chapter 5, and the rules of the Texas Natural Resource Conservation Commission. (Elvia Maske)
Remand to Executive Director
Item 17. Docket No. 1998-1107-PWS-E. Consideration of an Agreed Order assessing administrative penalties of Steve Champion dba Casino Beach Golf in Tarrant County; Public Water System ID No. 2200331; for public water system violations pursuant to Texas Health & Safety Code, Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Julia McMasters)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 18. Docket No. 1998-1109-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Grant Barkey dba Rock-A-Way Park in Llano County; PWS ID No. 1500095; for drinking water quality violations pursuant to the Texas Health and Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Julie Talkington)
Issue Agreed Order, JB/RM. All Commissioners Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 19. Docket No. 1998-1261-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of PETRON Inc. in Jefferson County; PST Facility ID No. 0070447; for petroleum storage tank violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, and Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Craig Fleming)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 20. Docket No. 1998-1260-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Alan Shave in Clay County; PST Facility ID No. 39084; for petroleum storage tank violations pursuant to Texas Water Code, Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Lori Haynie)
Issue Agreed Order, JB/RM. All Commissioners Agree
Industrial Waste Discharge Enforcement Agreed Orders
Item 21. Docket No. 1998-1116-IWD-E. Consideration of an Agreed Order assessing administrative penalties of Southwestern Electric Power Company in Marion County; Water Quality Permit No. 01331; 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, RM/RH. All Commissioners Agree
Item 22. Docket No. 1998-0348-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gulf Materials Recycling Corporation and E.L.G. Metals Southern, Inc. in Harris County; TNRCC ID No. 03324-000; for industrial water quality violations pursuant to Texas Water Code Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (M. Camille Morris)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 23. Docket No. 1998-0930-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Phillips Petroleum Company-Borger Refinery & NGL Center in Hutchinson County; Water Quality Permit No. 01064; for water quality violations pursuant to Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson)
Issue Agreed Order, RM/RH. All Commissioners Agree
Municipal Waste Discharge Enforcement Agreed Orders
Item 24. Docket No. 1997-1113-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Goree in Knox County; Permit No. 10102-001; for water quality violations pursuant to Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 25. Docket No. 1997-0411-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sky Properties/Su Yen Ltd. and Ta-Shen Su in Harris County; TNRCC ID No. 13709-001; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Nathan Block)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 26. Docket No. 1998-0431-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Meadowland Utility Corporation, Mr. Wayne Lell, and Ms. Susan Ralph in Brazoria County; Permit No. 13632-001; for water quality violations pursuant to Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 27. Docket No. 1998-0817-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Pottsboro in Grayson County; Water Quality Permit No. 10591-001; for water quality violations pursuant to Texas Water Code, Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)
Submitted in Error
Agricultural Enforcement Agreed Orders
Item 28. Docket No. 1997-1002-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Billy McPherson in Johnson County; TNRCC ID No. None and Enforcement ID No. 11940; 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. (Laura Kohansov)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 29. Docket No. 1997-0198-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Darren Turley dba Turley Dairy in Erath County; TNRCC ID No. None; 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. (Laura Kohansov)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 30. Docket No. 1998-0309-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kevin Finnerty dba Epicenter Dairy in Hamilton County; TNRCC ID No. 03256; 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. (Laura Kohansov)
Issue Agreed Order, RM/RH. All Commissioners Agree
Industrial Hazardous Waste Enforcement Agreed Orders
Item 31. Docket No. 1998-0677-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Houston Intermediate Chemicals Inc., doing business as Hi-Chem, and Charles B. Trial in Brazoria County; TNRCC ID No. SWR 32031; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Mary Risner)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 32. Docket No. 1998-1334-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Centauri Technologies, JV in Harris County; Solid Waste Registration No. 85189; for industrial & hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, Chapter 7 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Susan Johnson)
Issue Agreed Order, RM/JB. All Commissioners Agree
Sludge Enforcement Agreed Orders
Item 33. Docket No. 1998-0386-SLG-E. Consideration of an Agreed Order assessing administrative penalties against Eddie Elliott in Liberty County; TNRCC ID 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. (Kathy Keils)
Issue Agreed Order, RH/JB. All Commissioners Agree
Item 34. Docket No. 1998-0432-SLG-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cary Juby in Burnet County; TNRCC ID No. 710739 and Enforcement ID No. 3579; 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. (Nathan Block)
Issue Agreed Order, RH/JB. All Commissioners Agree
Municipal Solid Waste Enforcement Agreed Order
Item 35. Docket No. 1998-1064-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Roma in Starr County; MSW Permit No. 954; for municipal solid waste violations to Texas Solid Waste Disposal Act, Texas Health & Safety Code, Chapter 361 and Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (John Mead)
Issue Agreed Order, RM/RH. All Commissioners Agree
Multi Media Enforcement Agreed Order
Item 36. Docket No. 1998-0235-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Newell Recycling of San Antonio, L.P. in Bexar County; TNRCC ID No. BG-0149-O; for air quality and industrial and hazardous waste violations pursuant to the Texas Water Code, Chapter 26, and Texas Health & Safety Code, Chapters 361 and 382, and the rules of the Texas Natural Resource Conservation Commission. (Cecily Small Gooch)
Issue Agreed Order, JB/RH. All Commissioners Agree
Default Orders
Item 37. Docket No. 1998-0510-IHW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Janice Walker and James Barr in Brazoria County; TNRCC ID No. F0196; for industrial and hazardous waste violations pursuant to Texas Water Code, Chapter 26, Texas Health and Safety Code, Chapter 361, and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils)
Issue Default Order, JB/RM. All Commissioners Agree
Item 38. Docket No. 1997-0962-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Lee Moore in Bell County; TNRCC ID No. 34391 and Enforcement ID No. 11899; 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. (Cecily Small Gooch)
Issue Default Order, JB/RM. All Commissioners Agree
Rules
Item 39. Docket No. 1999-0527-RUL. Consideration for publication of proposed amendments to the following sections of 30 TAC Chapter 305, concerning Consolidated Permits, and Chapter 335, concerning Industrial Solid Waste and Municipal Hazardous Waste: 305.51 Revision of Applications for Hazardous Waste Permits; 335.1 Definitions. The proposed rules update and clarify the commission's rules relating to revision of hazardous waste permit applications and relating to the definitions of "manifest" and "solid waste." (Ray Austin) (Rule Log No. 98080-335-WS)
Approve Publication, RM/JB. All Commissioners Agree
Item 40. Docket No. 1999-0332-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds, Section 115.127, concerning Exemptions; and for revisions to the State Implementation Plan. The proposed amendment would revise the vent gas rule by extending the 30,000 parts per million concentration limit exemption for pulp and paper mills until April 15, 2001. (Ann Hammer) (Rule Log No. 98057-115-AI).
Approve Publication and Hearing, RM/RH. All Commissioners Agree
Item 41. Docket No. 1998-1330-RUL. Consideration for adoption of the review and repeal of 30 TAC Chapter 277, concerning Use Determinations for Tax Exemptions for Pollution Control Property and the adoption of 30 TAC Chapter 17, concerning Tax Relief for Property Used for Environmental Protection. This action constitutes the commission's review of the rules contained in 30 TAC Chapter 277 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. As part of the Texas Natural Resource Conservation Commission's (commission) regulatory reform initiative, the provisions are rewritten for clarity, readability, and improved organization. The revisions move the regulations in Chapter 277 to Chapter 17 and clarify the procedures for reviewing applications for use determinations when the applicant does not adequately respond to a deficiency notice. The proposed notice of review and repeal was published in the February 12, 1999 issue of the Texas Register (24 TexReg 920). (Forrest Brooks) (Rule Log No. 98050-277-AD)
Approve adoption of review and repeal, with changes, RM/RH. All Commissioners Agree
Item 42. Docket No. 1998-1057-RUL. Consideration for adoption of amendments 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 regarding these revisions. If adopted, these amendments would extend to 95 counties in the eastern half of Texas 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 amendments would 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. The proposed amendments were published in the January 1, 1999 issue of the Texas Register (24 TexReg 61). (Eddie Mack/Bill Jordan) (Rule Log No. 98028-115-AI)
Continued to June 16, 1999
Item 43. Docket No. 1998-1410-RUL. Consideration for adoption of amendments to 30 TAC Chapter 114, Subchapter A, Section 114.1, concerning Definitions; and new Subchapter H, Section 114.301, concerning Control Requirements for Reid Vapor Pressure; Section 114.302, concerning Control Requirements for Sulfur; Section 114.305, concerning Approved Test Methods; Section 114.306, concerning Recordkeeping Requirements; Section 114.307, concerning Exemptions; Section 114.308, concerning Alternative Early Implementation; and Section 114.309, concerning Affected Counties; and revisions to the State Implementation Plan regarding these adopted revisions. If adopted, the amendments and new sections would require volatility controls on gasoline in 95 counties of eastern and central Texas and sulfur controls on gasoline in 98 counties of eastern and central Texas. (Bill Jordan/Eddie Mack) (Rule Log No. 98058-114-AI)
Continued to June 16, 1999
Item 44. Docket No. 1999-0411-RUL. Consideration for adoption of amendments to the following sections of 30 TAC Chapter 39, Subchapter A - Public Notice, Subchapter C - Public Notice of Water Quality Applications; 30 TAC Chapter 281, Subchapter A - Application Processing; and 30 TAC Chapter 305, Subchapter C - Application for Permit, Subchapter D - Amendments, Renewals, Transfers, Corrections, Revocation, and Suspension of Permits: Section 39.5, General Provisions; Section 39.15, Public Notice Not Required for Certain Types of Applications; Section 39.17, Notice of Minor Amendments; Section 39.151, Application for Wastewater Discharge Permit, Including Application for the Disposal of Sewage Sludge or Water Treatment Sludge; Section 281.5, Application for Wastewater Discharge, Underground Injection, Municipal Solid Waste, Hazardous Waste, and Industrial Solid Waste Management Permits; Section 305.48, Additional Contents of Applications for Wastewater Discharge Permits; Section 305.62, Amendments; and Section 305.71, Basin Permitting. If adopted, the rules will amend and clarify existing notice provisions and other requirements for certain new TPDES permits. The rules will also amend the minor amendments provisions of the rules to provide for three levels of amendments for TPDES permits and will amend the notice provisions relating to those minor amendments. The proposed text was published in the April 9, 1999 issue of the Texas Register (24 Tex. Reg. 2841-46, 2858-65). (Rule Log No. 99003-39-WT)
Approve Adoption with corrections, JB/RM. All Commissioners Agree
EXECUTIVE SESSION
Item 45. 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 46. 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, May 26, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 47. Docket No. 1999-0551-AGR. Consideration by the Commission of a Texas Pollutant Discharge Elimination System permit application by Southern Livestock, Inc., to operate a confined animal feeding operation housing a maximum of 4,000 beef cattle. No discharge of pollutants into the waters in the state would be authorized by the permit. The facility is located on the west side of Farm-to-Market Road 2091 approximately three miles north of its intersection with U.S. Highway 90A in Gonzales County, Texas. The Commission will consider the application, hearing requests, public comments, the Office of Public Interest Counsel's Response to Request for Hearing and Public Comments, and the Executive Director's Response to Request for Hearing and Public Comments that have been timely filed on the application. (Clifton Wise/Carol Lear)
Deny Hearing Request and issue permit and approve response to comments, JB/RM. All Commissioners Agree
Item 48. Docket No. 1999-0553-AGR. Consideration by the Commission of a request for an amendment to a TPDES permit issued to Fabian Almeida for operation of a concentrated animal feeding operation. Permit number 03337. The permittee is proposing construction and operation of a fourth retention control structure and permission to maintain a maximum of 990 dairy cattle. No discharge of pollutants into the waters in the state would be authorized by the permit. The facility is located approximately one mile north on Farm-to-Market Road 2331 from its intersection with State Highway 67 in Johnson County, Texas. The drainage area is Lake Pat Cleburne in Segment No. 1228 of the Brazos River Basin. The Commission will consider the application, the hearing request, public comments, the Office of Public Interest Counsel's Response to Request for Hearing and Public Comments, and the Executive Director's Response to Request for Hearing and Public Comments that have been timely filed on the application. (Marc Sturdivant/Carol Lear)
Continued to June 16, 1999, RH/RM. All Commissioners Agree


AGENDA

Wednesday, May 26, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. TNRCC Docket No. 1998-0725-AIR; SOAH Docket No. 582-98-1459. Consideration of the Administrative Law Judge's Proposal for Decision and Order in the matter of Bob's Cleaning Supply Co. for Proposed Air Permit No. 36968 to construct and operate a cleaning solutions manufacturing facility in Fort Worth, Tarrant County, Texas. RECOMMENDATION: The ALJ's recommend the Commission adopt the Findings of Fact and Conclusions of Law contained in the attached proposed Order and issue this Order.
Adopt Administrative Law Judge's Proposal for Decision and Issue Order, adopt numbers 1 through 6 of the Executive Director's Exception to the Proposal for Decision and order, and add language to the order concerning the deadline for payment of costs, as read into the record at agenda by Ralph Marquez, RM/JB. All Commissioners Agree
Item 2. TNRCC Docket No. 1996-0920-PWS-E; SOAH Docket No. 582-97-1523. Consideration of Administrative Law Judge's Proposal for Decision and Order against D.E. Martin dba Consumers Water Company and Consumer's Water, Inc., regarding violations of Chapter 290 of the Commission's rules at fourteen separate water systems located in Harris and Montgomery Counties, Texas.
Adopt Administrative Law Judge's Proposal for Decision and Issue Order, with penalty payable over a 12 months period, with first payment due 60 days from the effective date of order, approve exceptions of Executive Director as accepted by Administrative Law Judge, RH/RM. All Commissioners Agree
Item 3. TNRCC Docket No. 1998-0435-MIS; Docket No. 582-98-1668. Consideration of Administrative Law Judge's Proposal for Decision and Order regarding overpayments made to Max Recycling, Inc., from the Waste Tire Recycling Fund (WTFR). The facility is located in Bryan, Texas.
Remand Item to State Office Administrative Hearings with instructions to Administrative Law Judge. RH/JB. All Commissioners Agree