AGENDA

Wednesday, June 30, 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, June 30, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of May 26, 1999.
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)
Direct referral to State Office Administrative Hearing


ADDENDUM TO OLD BUSINESS AGENDA

Wednesday, June 30, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of May 26 and June 16, 1999.
Item 2. 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)
Approve adoption of amendments, with directions to staff as recommended by commissioners, RM/RH. All Agree
Item carried forward from Agenda of May 26 and June 16, 1999.
Item 3. 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)
Approve adoption of amendments, with modifications of staff, RH/RM. All Agree
Item carried forward from Agenda of June 16, 1999.
Item 4. Docket No. 1998-1335-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 101, concerning General Rules. This review complies 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. The proposed notice of review was published in the January 29, 1999 edition of the Texas Register (24 TexReg 608). (Beecher Cameron) (Rule Log No. 98071-101-AI)
Approve Staff Recommendation, RM/RH. All Agree


HUSTON
MARQUEZ
BAKER

CONTESTED AGENDA

Wednesday, June 30, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg. E

12100 Park 35 Circle

Section 324.1 - Adoption by Reference
Hearing Requests
Item 1. Docket No. 1999-0703-MWD. Consideration of permit application # 13930-001, submitted by CITY OF BLOOMBERG for a new permit, Permit No. 13930-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 90,000 gallons per day. The wastewater treatment facility was previously permitted under Permit No. 11146-001, which expired July 26, 1996. The wastewater treatment facilities and disposal site are located approximately 200 feet south of the intersection of Anthony and Louisiana Streets in Cass County, Texas. The Commission will also consider hearing requests, related responses and relies, public comment and the Executive Director's responses to comments.
Remanded to Executive Director
Item 2. Docket No. 1999-0700-AIR. THATEN BUILDING & MAINTENANCE for Air Quality Permit No. 39911 to construct a Bulk Material Handling and Storage Facility. The location of the proposed facility is 1111 Shady Oaks Drive in Denton, Denton County, Texas. The Commission will consider the application and the hearing requests filed on the application. (Kerri Rowland/Ann Inman)
Deny Hearing Request and issue permit, JB/RH. Ralph Marquez abstains from vote
Item 3. Docket No. 1999-0704-MWD. Consideration of permit application # 14029-001, submitted by LIPAR GROUP, INC. for a new permit, Permit No. 14029-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 75,000 gallons per day. The wastewater treatment facilities and disposal site are located approximately 2,600 feet north of State Highway 242, approximately 2.2 miles east of the intersection of State Highway 242 and Farm-to-Market Road 1314, approximately 10 miles southeast of the City of Conroe in Montgomery County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments.
Remanded to Executive Director
Designation of Single Property
Item 4. Docket No. 1999-0757-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 Enterprise Products Operation L.P., Mont Belvieu Associates, Texaco Exploration & Production, Inc., Burlington Resources Hydrocarbons, Inc., Union Pacific Fuels, Inc., Belview Environmental Fuels, and Tame Enviro-Fuel Partners in Chambers 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.
Approve petition and proposed order, RM/JB. All Agree
Affirm, Modify, or Set Aside Emergency Order
Item 5. Docket No. 1999-0539-UCR. Consideration of whether to affirm, modify, or set aside the Emergency Rate Order issued by the Executive Director, without a hearing, on May 28, 1999 approving the application by Canyon Ridge Investment Company, as temporary manager for Bruce Frank doing business as Siesta Estates Mobile Home Park, for an emergency sewer rate increase. The order was issued pursuant to Sections 5.508 and 13.4133, Texas Water Code, and 30 Texas Administrative Code Section 35.202. The utility serves approximately 65 connections in Randall County, Texas. The Emergency Rate Order authorized a rate increase from a monthly flat rate of $5.00 per connection to a monthly flat rate of $25.65 per connection, effective June 1, 1999 for a period of 15 months or until a final rate is set, which ever occurs sooner. The application states that the rate increase is necessary to ensure the provision of continuous and adequate services to the utility's customers. (Angela Stepherson/Mary Jane Ford)
Application for rate increase withdrawn, set aside emergency order, JB/RH. All Agree
Miscellaneous
Item 6. Docket No. 1998-0417-MIS. 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 (Jenny Cordell)
Approve staff recommendation, RH/JB. Marquez Absent for this item
Report
Item 7. Docket No. 1999-0758-RPT. Request for approval of changes to the Water Quality Management Program Continuing Planning Process document, specifically Series 1 (Public Participation), Series 6 (Water Quality Management Planning), and Series 11 (Segment Classification) (Tom Weber)
Approve changes to report and adopt resolution, RH/RM. All Agree
Municipal Waste Discharge Enforcement Agreed Orders
Item 8. Docket No. 1998-0313-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Lattimore Materials Company, L.P. in Collin County; TNRCC ID No. 0000127; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Tracy Harrison)
Issue Agreed Order, JB/RM. All Agree
Item 9. Docket No. 1997-1084-MWD-E. Consideration of an Agreed Order assessing administrative penalties of FFP Operating Partners, L.P. in Collin County; Permit No. WQ0013661-001; for water quality violations pursuant to Texas Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle)
Issue Agreed Order, JB/RM. All Agree
Item 10. Docket No. 1998-0460-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Kerens in Navarro County; Permit No. 10745-001; for water quality violations pursuant to Texas Water Code ch. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson)
Issue Agreed Order, JB/RM. All Agree
Landscape Irrigator Installer Default Order
Item 11. Docket No. 1997-0430-LII-E. Consideration of a Default Order assessing administrative penalties against Michael Strozdas in Bexar County; TNRCC ID No. LI0003437; for landscape irrigator installer violation pursuant to Chapter 34 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue Default Order, RM/RH. All Agree
Air Enforcement Agreed Orders
Item 12. Docket No. 1998-1147-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mehdi Payesteh dba Quality Lube in Dallas County; TNRCC ID No. DB-4953-W; 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, RM/RH. All Agree
Item 13. Docket No. 1999-0257-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against FFP Operating Partners, L.P. in El Paso County; Account No. EE-1115-S; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code ch. 382, Texas Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young)
Issue Agreed Order, RM/RH. All Agree
Item 14. Docket No. 1999-0097-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Darrel Dannen dba Double D Motors in Dallas County; Account No. DB-3447-D; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code chs. 382, Texas Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz)
Issue Agreed Order, RM/RH. All Agree
Item 15. Docket No. 1998-1526-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Loves Country Store, Incorporated in El Paso County; Account No. EE-1053-P; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code ch. 382, Texas Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Carol Dye)
Issue Agreed Order, RM/RH. All Agree
Item 16. Docket No. 1999-0063-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pioneer Concrete of Texas, Incorporated in Collin and Dallas Counties; Account Nos. CP-0084-V and DB-0856-D; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code chs. 341 and 382, Texas Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz)
Issue Agreed Order, RM/RH. All Agree
Item 17. Docket No. 1998-1162-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Valero Refining Company in Nueces County; Account No. NE-0012-G; for air quality violations pursuant to the Texas Clean Air, TEX. HEALTH& SAFETY CODE ch. 382, TEX. WATER CODE ch.7, and the rules of the Texas Natural Resource Conservation Commission. (Carl Schnitz)
Issue Agreed Order, JB/RM. All Agree
Air Enforcement Default Order
Item 18. Docket No. 1998-0683-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of David E. Hall dba David E. Hall Company in Dallas County; TNRCC ID No. DB-4429-V; for air quality violations pursuant to Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (William Puplampu)
Issue Default Order, JB/RH. All Agree
Petroleum Storage Tank Shutdown Orders
Item 19. Docket No. 1999-0274-PST-E. Consideration of a Shutdown Order requiring certain actions of Mohammed Ruzi Niuzi dba King Mart #1 in Harris County; TNRCC ID No. 0037105 for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Robin Houston)
Remand to Executive Director
Item 20. Docket No. 1997-0950-PST-E. Consideration of a Shutdown Order requiring certain actions of Albert Abusalah dba Braeswood Texaco in Harris County; TNRCC No. 0034569; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Robin Houston)
Remand to Executive Director
Item 21. Docket No. 1999-0178-PST-E. Consideration of a Shutdown Order assessing administrative penalties and requiring certain actions of Village Car Wash, Inc. and Genico Distributors, Inc. dba Aladdine Care Wash, Inc., and Aladdin Car Wash, Inc. in Tarrant County; TNRCC ID No. 0027362; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Robin Houston)
Remand to Executive Director
Petroleum Storage Tank Default Order
Item 22. Docket No. 1998-0803-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Afzal Shekhani dba Aldine Food and Gas Mart in Harris County; TNRCC ID No. 0038239; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (William Puplampu)
Issue Default Order, JB/RH. All Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 23. Docket No. 1998-1300-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Laique & Sons, Inc. in Tarrant County; PST Facility ID No. 0063907; for petroleum storage tank violations pursuant to Texas Health & Safety Code ch. 382 and Texas Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Julia McMasters)
Remand to Executive Director
Item 24. Docket No. 1998-1256-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Karmali Holdings, Inc. in Tarrant County; PST Facility ID. No. 2224; for air quality and petroleum storage tank violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code ch. 382, and the Texas Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Gayle Zapalac)
Remand to Executive Director
Item 25. Docket No. 1998-1493-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Phillips 66 Company dba Turnpike 66 and Phillips 66 Company dba Seminary 66 in Tarrant County; PST Facility ID Nos. 10981 and 64981; for petroleum storage tank violations pursuant to the Texas Health & Safety Code ch. 382 and the Texas Water Code ch. 7. (Mohammed Issa)
Issue Agreed Order, RM/RH. All Agree
Item 26. Docket No. 1998-1278-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cindi Mills dba C & J Trading Post in Ellis County; PST ID No. 0070876; for petroleum storage tank violations pursuant to the Texas Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak)
Issue Agreed Order, RM/RH. All Agree
Item 27. Docket No. 1998-1258-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Karim Momin dba Gas & Stuff Food Mart in Harris County; 0028584; for petroleum storage tank violations pursuant to Texas Health & Safety Code ch. 382 (the Act") and Texas Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak)
Issue Agreed Order, RM/RH. All Agree
Item 28. Docket No. 1998-0014-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of TRI-CON, Inc. dba Express Mart #4 in Jefferson County; PST Facility 0039980; for petroleum storage tank violations pursuant to Texas Clean Air Act, Texas Health & Safety Code ch. 382 ("the Act") and Texas Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Steve Roberts)
Issue Agreed Order, RM/RH. All Agree
Item 29. Docket No. 1998-0998-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Federal Express Corporation in Harris County; PST Facility ID No. 0035712; for petroleum storage tank violations pursuant to Texas Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (J. Mac Vilas)
Issue Agreed Order, RM/RH. All Agree
Item 30. Docket No. 1998-0719-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of AGM Texaco, Incorporated in Harris County; PST Facility ID No. 0026715; for petroleum storage tank violations pursuant to Texas Health and Safety Code ch. 382 and Texas Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Jason C. Harris)
Issue Agreed Order, RM/RH. All Agree
Item 31. Docket No. 1998-1257-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ahmad Enterprises in Montgomery County; PST Facility ID No. 0047170; for petroleum storage tank violations pursuant to Texas Water Code ch. 7 and Texas Health & Safety Code ch. 382 and the rules of the Texas Natural Resource Conservation Commission. (J. Mac Vilas)
Issue Agreed Order, RM/RH. All Agree
Item 32. Docket No. 1998-0482-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jack Morton in Panola County; TNRCC ID No. 0006823; for petroleum storage tank 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 Agree
Item 33. Docket No. 1998-0550-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Yogesh Gandhi dba The Party Keg in Jefferson County; TNRCC ID No. 0006788; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Laura Kohansov)
Remand to Executive Director
Item 34. Docket No. 1998-0716-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kashmir, Inc., dba Greenbriar Grocery in Smith County; TNRCC ID. No. 43001; for petroleum storage tank 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 Agree
Item 35. Docket No. 1997-1195-PST-E. Consideration of an Agreed Order assessing administrative penalties against Lorne Thornbrue in Wichita County; TNRCC ID. No. 69290; for petroleum storage tank 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 Agree
Industrial Waste Discharge Enforcement Agreed Order
Item 36. Docket No. 1998-0976-IWD-E. Consideration of an Agreed Order assessing administrative penalties against Vulcan Materials Company in Eastland County; TNRCC Water Quality Permit No. 03329; for 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/RH. All Agree
Public Water Supply Enforcement Agreed Orders
Item 37. Docket No. 1998-1016-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Shawn Fuller dba Fuller Mobile Home Park in Lubbock County; PWS ID. No. 1520232; for drinking water quality violations pursuant to Texas Health & Safety Code, Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Gloria Stanford)
Issue Agreed Order, RH/RM. All Agree
Item 38. Docket No. 1998-1222-PWS-E. Consideration of an Agreed Order assessing administrative penalties against the City of Blanco in Blanco County; PWS No. 0160002; for drinking water quality violations pursuant to the Texas Health & Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave)
Issue Agreed Order, RH/RM. All Agree
Item 39. Docket No. 1998-1045-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Zion Lutheran Church of Helotes in Bexar County; PWS No. 0150513; for drinking water quality violations pursuant to Texas Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Jayme Brown)
Issue Agreed Order, RH/RM. All Agree
Item 40. Docket No. 1999-0102-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of C.L. Thomas Inc. dba Speedy Stop #46 in Victoria County; Public Water Supply No. 2350044; for drinking water quality violations pursuant to Texas Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Jayme Brown)
Issue Agreed Order, RH/RM. All Agree
Item 41. Docket No. 1999-0101-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lawrence Water Supply in Kaufman County; Public Water Supply No. 1290018; for drinking water quality violations pursuant to Texas Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Jayme Brown)
Issue Agreed Order, RH/RM. All Agree
Item 42. Docket No. 1998-1076-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Timothy M. Bradberry and Sallie M. Bradberry dba Bradberry Water Supply in Wise County and Tarrant County; CCN No. 11950 for drinking water quality violations pursuant to the Texas Health & Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave)
Issue Agreed Order, RH/RM. All Agree
Industrial Hazardous Waste Enforcement Agreed Orders
Item 43. Docket No. 1998-1321-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Groendyke Transport, Inc. in Brazoria County; ISW Registration No. 31059; for industrial & hazardous waste violations pursuant to Texas Solid Waste Disposal Act, Texas Health & Safety Code ch. 361 ("the Act") and Texas Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Randy Norwood)
Issue Agreed Order, RM/RH. All Agree
Item 44. Docket No. 1998-1181-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Champion Technologies, Inc. in Fort Bend County; Solid Waste Registration No. 31502; for industrial & hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of their Texas Health & Safety Code, Chapters 7 and 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Thomas Greimel)
Issue Agreed Order, RM/RH. All Agree
Item 45. Docket No. 1998-1467-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Noltex L.L.C. in Harris County; Solid Waste Registration No. 84348; for an industrial & hazardous waste violation pursuant to the Texas Solid Waste Disposal Act, Texas Health & Safety Code ch. 361 and Texas Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Thomas Greimel)
Issue Agreed Order, RM/RH. All Agree
Item 46. Docket No. 1998-1314-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Merichem-Sasol USA LLC in Harris County; Solid Waste Registration No. 30595; for industrial & hazardous waste violations pursuant to the Texas Health & Safety Code ch. 361 and Texas Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Tim Haase)
Issue Agreed Order, RM/RH. All Agree
Item 47. Docket No. 1998-0738-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Technical Coatings, Inc. in Lubbock County; Solid Waste Registration No. 33276; for industrial & hazardous waste violations pursuant to Texas Health & Safety Code ch. 361 and Texas Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Tim Haase)
Issue Agreed Order, RM/RH. All Agree
Item 48. Docket No. 1998-1243-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Raytheon E-Systems, Inc. in Hunt County; Solid Waste Registration No. 30449; for industrial & hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Texas Health & Safety Code ch. 361 ("the Act") and Texas Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Susan Johnson)
Issue Agreed Order, RM/RH. All Agree
Municipal Solid Waste Enforcement Agreed Order
Item 49. Docket No. 1998-1315-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Brady in McCulloch County; Municipal Solid Waste Permit No. 1732; for municipal solid waste violations pursuant to Texas Health & Safety Code ch. 361 and Texas Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Tim Haase)
Issue Agreed Order, RH/JB. All Agree
Multi-Media Enforcement Agreed Order
Item 50. Docket No. 1998-0061-MLM-E. Consideration of an Agreed Order assessing administrative penalties against Ronnie Smith dba Smith's Diamond C Ranch, in Erath County; Account No. EF-0109-J for air quality and municipal solid waste violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code ch. 382, the Texas Solid Waste Disposal Act, Texas Health & Safety Code ch. 361 Texas Water Code ch. 26 and the rules of the Texas Natural Resource Conservation Commission. (Terry Thompson)
Issue Agreed Order, RH/RM. All Agree
Edward Aquifer Enforcement Agreed Order
Item 51. Docket No. 1998-0600-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Georgetown in Williamson County; for water quality violations pursuant to Texas Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Gerberding)
Issue Agreed Order, RM/RH. All Agree
Agricultural Agreed Enforcement Agreed Order
Item 52. Docket No. 1998-0931-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Wayne Moerman dba Triple X Dairy in Comanche County; Permit No. 03669; for water quality violations pursuant to Texas Water Code chs. 7 & 26 and the rules of the Texas Natural Resource Conservation Commission. (Briam Lehmkuhle)
Issue Agreed Order, JB/RM. All Agree
Rules
Item 53. Docket No. 1999-0620-RUL. Consideration for publication of and hearing on proposed amendments to 30 TAC Chapter 117. concerning Control of Air Pollution from Nitrogen Compounds, Subchapter A, concerning Definitions; Subchapter B, concerning Combustion at Existing Major Sources; and Subchapter D, concerning Administrative Provisions; and revisions to the State Implementation Plan concerning the amendments. The changes would set emission limits, a compliance schedule, and requirements for operating, testing, recordkeeping and reporting for stationary gas-fired, lean-burn engines in the Beaumont/Port Arthur (BPA) ozone nonattainment area. The proposed changes would also eliminate the requirement to operate wood-fired boilers with flue gas sensor-based trim, add an option to monitor exhaust flow instead of fuel flow, and clarify several requirements and rule references applicable to major existing sources of nitrogen oxides in the BPA, Dallas/Fort Worth, and Houston/Galveston ozone nonattainment areas. (Randy Hamilton) (Rule Log No. 99020-117-AI)
Approve publication and hearing with changes as requested by staff, RM/RH. All Agree
Item 54. Docket No. 1999-0640-RUL. Consideration for publication of and hearing on proposed amendments to 30 TAC Chapter 115, Subchapter B, concerning General Volatile Organic Compound Sources: proposed amendments to Sections 115.140, 115.142-115.149, concerning Industrial Wastewater; proposed new Sections 115.160-115.167 and 115.169, concerning Batch Processes; and revisions to the State Implementation Plan regarding these proposed amendments. These amendments will ensure the implementation of reasonably available control technology for major volatile organic compound sources in the Beaumont/Port Arthur ozone nonattainment area. The amendments also reorganize and modify portions of the existing Chapter 115 industrial wastewater rules which apply in the Dallas/Fort Worth, El Paso, and Houston/Galveston ozone nonattainment areas. (Eddie Mack/Jim Dodds) (Rule Log No. 99019-115-AI)
Approve publication and hearing with changes as requested by staff, RM/RH. All Agree
Item 55. Docket No. 1998-0837-RUL. Consideration of the adoption of the review and readoption of 30 TAC 11.1, concerning Historically Under utilized Businesses (HUB). This review complies 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. The proposed notice of review of 11.1 was published in the August 14, 1998 issue of the Texas Register (23 TexReg 8507). The commission continued the review of 11.1 in the December 25, 1998 issue of the Texas Register (23 TexReg 13107). (Forrest Brooks) (Rule Log No. 97161-011-AD)
Remanded to Executive Director
Item 56. Docket No. 1998-1272-RUL. Consideration for adoption of amendments to the following sections of 30 TAC Chapter 324, concerning Used Oil Recycling:
Section 324.2 - Definitions
Section 324.3 - Applicability
Section 324.4 - Prohibitions
Section 324.5 - Notice by Retail Dealer
Section 324.6 - Generators
Section 324.7 - Collection Centers
Section 324.11 - Transporters and Transfer Facilities
Section 324.12 - Processors and Rerefiners
Section 324.13 - Burners of Off-Specification Used Oil for Energy Recovery
Section 324.14 - Marketers of Used Oil Fuel
Section 324.15 - Spills
Section 324.16 - Polychlorinated Biphenyls (PCBs)
Section 324.21 - Suspension or Revocation of Registration
Section 324.22 - Soil Remediation Requirements for Used Oil Handlers
Consideration for adoption of the repeal of the following sections of 30 TAC Chapter 324:
Section 324.8 - Limitation of Liability
Section 324.9 - Reimbursement of Used Oil Collection Center's Hazardous Waste Disposal Expense
Section 335.10 - Procedures for Reimbursement of Collection Centers
Consideration for readoption of 30 TAC Chapter 324, as required by the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. If the amendments and repeals are adopted, they would improve the readability of the rule. If 30 TAC Chapter 324 is readopted, the commission will have fulfilled the review requirements of General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. The proposed text and notice of proposed review was published in the March 12, 1999, issue of the Texas Register (24 TexReg 1741). (Jamie Robinson/Vic Ramirez) (Rule Log No. 98040-324-WS)
Submitted in Error
Item 57. Docket No. 1999-0599-SIP. Consideration for publication of, and hearing upon, the proposed State Implementation Plan (SIP) concerning the attainment demonstration for the Beaumont/Port Arthur ozone nonattainment area. This SIP provides the results of air quality dispersion modeling for attaining the one-hour ozone standard in Beaumont/Port Arthur. (Mike Magee) (Rule Log No. 99018-SIP-AI)
Approve publication and hearing with changes as requested by staff, RM/RH. All Agree
Item 58. Docket No. 1999-0549-RUL. Consideration for publication of, and a hearing upon, proposed amendments to 30 TAC Chapter 101, General Rules, Section 101.1, concerning Definitions; Section 101.2, concerning Multiple Air Contaminant Sources or Properties; Section 101.10, concerning Emission Inventory Requirements; Section 101.30, concerning Conformity of General Federal and State Actions to State Implementation Plans; and a new Section 101.28, concerning Stringency Determination for Federal Operating Permits. The proposal changes the title of Chapter 101 to "General Air Quality Rules." The amendments to Section 101.1 remove definitions duplicated in other chapters of 30 TAC, add definitions that are used in multiple chapters, and amend certain definitions; the amendments to Section 101.2 authorize the executive director to act on petitions for single property designation; the amendments to Section 101.10 clarify the existing statutory authority of the Texas Natural Resource Conservation Commission under Texas Health and Safety Code, Section 382.014, concerning Emission Inventory; and the amendments to Section 101.30 relocate certain definitions to Section 101.1 because the definitions are used in multiple chapters. The new Section 101.28 allows compliance with a single set of equivalent or more stringent monitoring and testing requirements for holders of federal operating permits with multiple requirements. The proposed amendments to 101.1, 101.10, and 101.30, and the new 101.28 are amendments to the State Implementation Plan (SIP). (Beecher Cameron) (Rule Log No. 99017-101-AI)
Approve publication and hearing, with changes as recommended by staff and commissioners, RM/RH. All Agree
EXECUTIVE SESSION
Item 59. 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 60. 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, June 30, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 61. Docket No. 1998-1437-RUL. Consideration for adoption of amendments to 30 TAC 321, Subchapter B concerning the discharge of waste into or adjacent to waters in the state by concentrated animal feeding operations (CAFO). The rules concern the authorization of such discharge by individual permit or registration. If approved, the rules would be made consistent with the Clean Water Act NPDES Program Requirements and would allow the commission to implement the TPDES program with regard to CAFOs with permits-by-rule as well as individual permits. (Margaret Hoffman) (Rule Log No. 98074-321-WT)
Adopt amendments to rules with approval to staff to correct grammatical errors, JB/RM. All Agree
Item 62. Docket No. 1999-0769-RUL. Consideration for publication of proposed amendments to certain chapters of Title 30 of the Texas Administrative Code, to implement House Bill 801, an act relating to public participation in environmental permitting procedures of the TNRCC, and proposing amendments to chapters including:
Chapter 39 - Public Notice
Chapter 50 - Action on Applicants
Chapter 55 - Request for Contested Case Hearings: Public Comment
Chapter 80 - Contested Case Hearings
Chapter 106 - Exemptions from Permitting
Chapter 116 - Control of Air Pollution by Permits for New Construction or Modification
Chapter 281 - Applications Processing
Chapter 305 - Consolidated Permits
Chapter 321 - Control of Certain Activities by Rule
Chapter 336 - Radioactive Substance Rules
See Item 63


SECOND ADDENDUM TO AGENDA

Wednesday, June 30, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 63. Docket No. 1999-0769-RUL. Consideration for publication of Proposed Notice of Review for 30 TAC Chapters 39, Concerning, Public Notice; 50, concerning, Action of Applications; 55, concerning, Request for Contested Case Hearing; Public Comment; and 80, concerning, Contested Case Hearings, and consideration for publication of, and hearing on, proposed amendments to certain chapters of 30 Texas Administrative Code, including the following, and for revisions to the State Implementation Plan regarding the amendments.
Chapter 39 - Public Notice
Chapter 50 - Action on Applications
Chapter 55 - Request for Contested Case Hearings; Public Comment
Chapter 80 - Contested Case Hearings
Chapter 106 - Exemptions from Permitting
Chapter 116 - Control of Air Pollution by Permits for New Construction or Modification
Chapter 122 - Federal Operating Permits
Chapter 281 - Applications Processing
Chapter 305 - Consolidated Permits
Chapter 321 - Control of Certain Activities by Rule
Chapter 336 - Radioactive Substance Rules
The purpose of the rulemaking is primarily to implement H.B. 801, 76th Legislature, 1999, concerning public participation in environmental permitting procedures of the TNRCC, and also to clarify and streamline the rules. The reviews are conducted 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. (Lydia Gonzalez-Gromatzky)(Rule No. 99030-039).
Approve publication, with approval to staff to make corrections to grammatical errors, RH/RM. All Agree


Item 64. Docket No. 1997-1058-IWD. Consideration of permit No. 00471, for Eastman Chemical Company for a major amendment to permit No. 00471, which authorizes the discharge of treated industrial wastewater with a daily average flow not to exceed 6.4 million gallons per day from Outfall 002. The applicant operates a plant that manufactures chemicals and plastics. The plant is located south of the City of Longview, Harrison County, Texas. The commission will consider hearing requests, related responses and replies, public comment, the Executive Director's response to comments and the remand by the 201st District Court of Travis County in cause No. 98-04623. (Robert Robinson/Margaret Hoffman)
Remand to Staff Office Administrative Hearing with instructions to Administrative Law Judge, RH/JB. All Agree


CONTESTED AGENDA

Wednesday, June 30, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. TNRCC Docket No. 1998-0650-AIR; SOAH Docket No. 582-98-1009. Application of Ingram Ready-Mix for Registration No. 37170. Recommendation: The Administrative Law Judge recommends that the application for a standard exemption be approved (Kerry Sullivan).
See Item #3
Item 2. TNRCC Docket No. 98-0086-DIS; SOAH Docket No. 582-98-1655. Petition of Comal County Fresh Water Supply District No. 1 for conversion to a municipal utility district (MUD) Pursuant to Section 54.030 of the Texas Water Code. Recommendation: The petition should be approved. The conversion to a MUD would give the District flexibility to selectively provide additional services within the District, at least some of which appear to be needed. Although the Board is internally divided, it nevertheless provides adequate oversight and the District is generally well managed.
Adopt ALJ's PFD and Issue Order with corrections as recommended by Executive Director, RM/JB. All Agree


ADDENDUM TO AGENDA

Wednesday, June 30, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 3. TNRCC Docket No. 1998-0650-AIR; SOAH Docket No. 582-98-1009. Consideration of the Administrative Law Judge's Proposal for Decision and Order concerning the registration of Ingram Ready-Mix, Inc. for air quality standard exemption Registration No. 37170 to construct a concrete batch plant near Bulverde, Comal County, Texas. Recommendation: The Administrative Law Judge recommends that the registration for a standard exemption be approved. (Kerry Sullivan)
Adopt Proposal for Decision and Order as recommended by Administrative Law Judge, JB/RH. All Agree