AGENDA

Wednesday, July 14, 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


Huston

Marquez

Baker

CONTESTED AGENDA

Wednesday, July 14, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

12100 Park 35 Circle

Room 201S, Bldg. E

Hearing Requests
Item 1. Docket No. 1999-0739-AIR. SHELL OIL COMPANY for Air Quality Permit Nos. 21262 and PSD-TX-928 to authorize modification of the existing refinery to include the Maya II project (Coker Expansion). The location of the existing facility is 5900 Highway 225, Deer Park, Harris County, Texas. The Commission will consider the application and the hearing request that has been filed on the application. (Kerri Rowland/John Barrientez)
Deny Hearing Request and Issue Permit, RM/JB. All Commissioners Agree
Item 2. Docket No. 1999-0736-MWD. Consideration of permit application # 13725-001, submitted by the CITY OF QUINLAN for a major amendment of the permit, to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 175,000 gallons per day to a daily average flow not to exceed 300,000 gallons per day. The plant site is located approximately 2,100 feet southwest of the intersection of State Highway 276 and State Business Highway 34 in Hunt County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and replies, public comment and the Executive Director's response to comments.
Grant Hearing and Remand to Alternative Dispute Resolution for 4 to 6 weeks, if mediation fails forward to State Office Administrative Hearing, JB/RH. All Commissioners Agree
Superfund
Item 3. Docket No. 1999-0788-SPF. Consideration of an Administrative Order to conduct remedial design and remedial action at the International Creosoting State Superfund Site (Land-Based Operable Unit) in Beaumont, Jefferson County, Texas. (David Cooney, Alvie Nichols)
Issue Administrative Order, RM/JB. All Commissioners Agree
Authorization to Construct
Item 4. Docket No. 1999-0772-MWD. Consideration of a Request by the Town of Little Elm for an Order authorizing construction of a wastewater treatment plant, in Denton 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 H. Brown, Phillip Urbany)
Approve Authorization to Construct, with changes as recommended, RH/JB. All Commissioners Agree
Request for Exemption
Item 5. Docket No. 1999-0809-AIR. Consideration of the request of Halter Marine Group (formerly Bludworth Bond Shipyard) for a determination and order under 30 Texas Administrative Code (TAC) Section 101.11(e) granting an Exemption from compliance with 30 TAC Section 111.155. If granted, the order would allow Halter Marine to qualify for an air quality permit to perform outdoor blast cleaning and painting at this ship building and repair facility in Texas City, Galveston County, Texas. (Hsu, Duncan)
Approve order granting exemption with changes as requested by Chairman Huston, RH/RM. All Commissioners Agree
Petroleum Stroage Tank Enforcement Shutdown Orders
Item 6. Docket No. 1999-0327-PST-E. Consideration of a Shutdown Order requiring certain actions of Benda Investments, Inc. dba W. W. Grocery and Ali Peajani in Dallas County; TNRCC ID No. 0030707; for petroleum storage tank violation pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Ali Abazari)
Remand to Executive Director
Item 7. Docket No. 1999-0223-PST-E. Consideration of a Shutdown Order requiring certain actions of Glen Lester Bonds dba Smiley's in Lubbock County; TNRCC ID No. 6761; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Ali Abazari)
Remand to Executive Director
Item 8. Docket No. 1999-0216-PST-E. Consideration of a Shutdown Order requiring certain actions of Petro-Mex, Inc. dba Best Oil & Gas in Hidalgo County; TNRCC ID No. 34084; for leaking petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Ali Abazari)
Approve Shutdown Order, RH/RM. All Commissioners Agree
Petroleum Storage Tank Default Orders
Item 9. Docket No. 1998-0782-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Young Man Kwon and Mohammed Younous dba 3 Star Quickway in Tarrant County; TNRCC ID No. 07307 and Enforcement ID No. 12710; for petroleum storage tank violations pursuant to Chapters 7 and 26 of the Texas Water Code, Chapter 381 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (John Peeler)
Issue Default Order, RM/JB. All Commissioners Agree
Item 10. Docket No. 1998-1158-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain action of T.D. Allison, Inc. in Eastland County; TNRCC ID No. 11089; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (John Peeler)
Issue Default Order, RM/JB. All Commissioners Agree
Item 11. Docket No. 1998-0124-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Jaspir Soodam dba Jaspir Soodam Incorporated in Harris County; TNRCC ID No. 436640; for petroleum storage tank violations pursuant to Chapter 7 of the Texas Water Code, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (John Peeler)
Issue Default Order, RM/JB. All Commissioners Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 12. Docket No. 1998-0684-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of West Carwash, Ltd. and Mr. Jimmy Kim in Harris County; TNRCC ID No. 50264; for petroleum storage tank violations pursuant to Chapters 7 and 26 of the Texas Water Code, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Richard O'Connell)
Issue Agreed Order, RH/JB. All Commissioners Agree
Industrial Hazardous Waste Enforcement Agreed Orders
Item 13. Docket No. 1998-1414-IHW-E. Consideration of an Agreed Order Assessing administrative penalties against AC Liquidating Corporation and requiring certain actions of Bayshore Pipe and Equipment in Harris County; TNRCC ID No. 31618; for industrial and hazardous waste violations pursuant to the Texas Solid Wastes Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Nathan Block)
Remand to Executive Director
Item 14. Docket No. 1998-0618-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ashcraft-Southern Marble Co., Inc. in Smith County; TNRCC ID No. 69607; 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. (Nathan Block)
Issue Agreed Order, RM/RH. All Commissioners Agree
On-Site Sewage Installers Default Orders
Item 15. Docket No. 1998-0741-OSI-E. Consideration of a Default Order assessing administrative penalties of David Aguero in Harris and Fort Bend Counties; TNRCC ID No. OS4976; 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. (William Puplampu)
Remand to Executive Director
Item 16. Docket No. 1996-1160-OSI-E. Consideration of a Default Order assessing administrative penalties for Preston Allen in Tarrant County; TNRCC ID No. 4060; 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. (William Puplampu)
Remand to Executive Director
Agricultural Enforcement Agreed Orders
Item 17. Docket No. 1998-0453-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pilgrim's Poultry, G.P. in Camp County; TNRCC ID NO. 4032; for water quality violations pursuant to Chapters 7 and 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Tracy L. Gross)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 18. Docket No. 1997-1164-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Dennis Hakes dba Hakes Holstein Haven in Erath County; TNRCC ID No. 03087; for concentrated animal feeding operation and water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Heather Otten)
Issue Agreed Order, RM/RH. All Commissioners Agree
Landscape Irrigator Installer Default Order
Item 19. Docket No. 1996-1875-LII-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Tom Blankenship in Dallas County; TNRCC ID No. LI0006077; 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, JB/RM. All Commissioners Agree
Multi-Media Enforcement Agreed Order
Item 20. Docket No. 1998-0969-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Huxley in Shelby County; Public Water Supply ID No. 2100019 and Water Quality Permit No. 13932-001; for drinking water quality and water quality violations pursuant to TEX. HEALTH & SAFETY CODE ch. 341 and TEXAS WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Tim Haase)
Issue Agreed Order, JB/RM. All Commissioners Agree
Public Water Supply Enforcement Agreed Orders
Item 21. Docket No. 98-1219-PWS-E. Consideration of an Agreed Order assessing administrative penalties of Walnut Grove Water Supply Corporation in Smith County; PWS ID No. 2120024; for drinking water quality violations pursuant to TEX. HEALTH & SAFETY CODE ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Steven Lopez)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 22. Docket No. 1998-1017-PWS-E. Consideration of an Agreed Order assessing administrative penalties of Ms. Lois Barton in Lubbock County; PWS ID No. 1520233; for drinking water quality violations pursuant to the TEX. HEALTH & SAFETY CODE ch. 341 ("the Code") and the rules of the Texas Natural Resource Conservation Commission. (J. Craig Fleming)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 23. Docket No. 1998-0825-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Water Valley Water Co-Op in Travis County; Public Water Supply No. 2270030; 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. (Terry Thompson)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 24. Docket No. 1998-0894-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of American Plume and Fancy Feather Company, Inc. in Presidio County; Public Water System No. 1890014; 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. (Terry Thompson)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 25. Docket No. 1997-1160-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Michael Meazell dba Shady Shores Water System and Ridgewood Village Development Company, Inc. in Marion County; TNRCC ID No. 1580014 and Enforcement No. 12005; 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. (Lisa Zintsmaster Hernandez)
Issue Agreed Order, RM/JB. All Commissioners Agree
Irrigators Enforcement Agreed Order
Item 26. Docket No. 1998-0733-IRR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Charles Turner in Collin County; for water quality violations pursuant to Texas Water Code chs. 7 and 34 and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Gerberding)
Issue Agreed Order, RH/JB. All Commissioners Agree
Municipal Waste Discharge Enforcement Agreed Orders
Item 27. Docket No. 1998-0891-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Rhome in Wise County; Permit No. 10701-01; for water quality violations pursuant to TEX. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 28. Docket No. 1998-1247-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Wharton County Water Control and Improvement District No. 1 in Wharton County; Permit No. 10849-001; 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 Commissioners Agree
Item 29. Docket No. 1998-1350-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Educational Foundation, Inc., Gary Job Corps Center in Caldwell County; Permit No. 12067-001; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Patrick Marcyniuk)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 30. Docket No. 1998-1456-MWD-E. Consideration of an Agreed Order assessing administrative penalties of the City of Manvel in Brazoria County; Water Quality Permit No. 13872-001; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 31. Docket No. 1999-0036-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Cisco in Eastland County; Water Quality Permit No. 10424-002; for water quality violations pursuant to Texas Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Commission. (Eric Reese)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 32. Docket No. 1998-1117-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Edgewood in Van Zandt County; Permit No. 10560-001; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 33. Docket No. 1998-0734-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Galveston County Water Control and Improvement District No. 1 in Galveston County; Water Quality Permit No. 10173-001; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 34. Docket No. 1999-0035-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Northpark Business Center, Limited in Montgomery County; Account No. MWD-12943-001; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Carol Dye)
Issue Agreed Order, RM/RH. All Commissioners Agree
Industrial Waste Discharge Enforcement Agreed Order
Item 35. Docket No. 1998-1416-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Akzo Nobel Chemicals, Incorporated in Harris County; Account No. IWD-01689; for water quality violations pursuant to TEXAS WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Carol Dye).
Issue Agreed Order, RH/RM. All Commissioners Agree
Municipal Solid Waste Enforcement Agreed Orders
Item 36. Docket No. 1998-0964-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Groveton in Trinity County; TNRCC ID No. 898 and Enforcement ID No. 12800; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, Chapters 7 and 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Laura Kohansov)
Remanded to ED
Item 37. Docket No. 1998-0337-MSW-E. Consideration of an Agreed Order assessing administrative penalties against the Estate of Joe Berry Pyle and Ralph Watson in Harrison County; TNRCC ID No. None; for municipal solid waste violations pursuant to Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Laura Kohansov)
Issue Agreed Order, RH/RM. All Commissioners Agree
Air Enforcement Agreed Orders
Item 38. Docket No. 1998-1190-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chapman Grain, Inc. in Medina County; Air Account No. MJ-0003-C; for air quality violations pursuant to the TEX. WATER CODE ch. 7, TEX. HEALTH & SAFETY CODE ch. 382, and the rules of the Texas Natural Resource Conservation Commission. (Leo Butler)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 39. Docket No. 1998-1348-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Larry Husband dba Larry's Auto Sales in Galveston County; Account No. GB-0227-M; for air quality violations pursuant to the Texas Clean Air Act, TEX. HEALTH & SAFETY CODE ch. 382, TEX. WATER CODE ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Carol Dye)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 40. Docket No. 1998-1342-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ed Trainum DBA Main Auto Sales in Kerr County; Account No. KF-0080-L, for air quality violations pursuant to the Texas Clean Air Act, TEX. HEALTH & SAFETY CODE ch. 382, TEX. WATER CODE ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Leo Butler)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 41. Docket No. 1998-1500-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Luis M. Duran dba Sunland Park Automotive in El Paso County; Air Account No. EE-0984-M; for air quality violations pursuant to Texas Clean Air Act, TEX. HEALTH & SAFETY CODE ch. 382, TEX. WATER CODE ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Lawrence King)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 42. Docket No. 1999-0066-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texacraft, Incorporated, Subsidiary of Winston Furniture Company, Incorporated in Harris County; Account No. HX-1791-V; for air quality violations pursuant to the Texas Clean Air Act, TEX. HEALTH & SAFETY CODE ch. 382 and TEX. WATER CODE ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Carol Dye)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 43. Docket No. 1998-1302-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tasman Hide Processing, Incorporated in Tarrant County; Account No. TA-0264-G; for air quality violations pursuant to the Texas Clean Air Act, TEX. HEALTH & SAFETY CODE ch. 382, TEX. WATER CODE ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Suzanne Walrath)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 44. Docket No. 1998-0383-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Earl Scheib Paint and Body in El Paso County; TNRCC ID No. EE-1437-M; for air 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. (David Speaker)
Issue Agreed Order, RM/JB. All Commissioners Agree
Rules
Item 45. Docket No. 1999-0087-RUL. Consideration for adoption of 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 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. If adopted, the amendments 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; Pharmaceutical Production, Subpart GGG; and Flexible Polyurethane Foam Production, Subpart III. MACT standards are applicable statewide to major and a limited number of nonmajor or area sources which emit any of the 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. The proposed rules were published in the April 9, 1999 issue of the Texas Register (24 TexReg 2851). (Ann Hammer/Steve Hagle) (Rule Log No. 99002-113-AI).
Approve Adoption of Amendments, RH/RM. All Commissioners Agree
Item 46. Docket No. 1999-0116-RUL. Consideration for adoption of amendments to the following sections of 30 TAC Chapter 39, concerning Public Notice, and Chapter 305, concerning Consolidated Permits:
Chapter 39 Public Notice
39.13 Mailed Notice
39.103 Application for Industrial or Hazardous Waste Facility Permit
Chapter 305 Consolidated Permits
305.2 Definitions
305.69 Solid Waste Permit Modifications at the Request of the Permittee
305.125 Standard Permit Conditions
305.172 Determining 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 adopted 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. The proposed rules were published in the April 9, 1999 issue of the Texas Register (24 TexReg 2846) and in the April 16, 1999 issue of the Texas Register (24 TexReg 3022). (Ray Austin) (Rule Log No. 97129-039-AD)
Approve Adoption, RM/JB. All Commissioners Agree
Item 47. Docket No. 1998-1272-RUL. Consideration for adoption of amendments to the following sections of 30 TAC Chapter 324, concerning Used Oil Recycling:
Section 324.1 - Adoption by Reference
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, 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, 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)
Approve adoption as amended, RH/RM. All Commissioners Agree
EXECUTIVE SESSION
Item 48. 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.
Item 49. 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.
(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.


AGENDA

Wednesday, July 14, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. TNRCC Docket No. 1998-0469-PST-E; SOAH Docket No. 582-99-0217. Administative Law Judge's Proposal for Decision and Order against KF Management and Services, Inc., for alleged violations, in managing four underground storage tanks (USTs) that it owns at a single location in Harris County, Texas. (The ALJ recommends that the Commission issue an order assessing the penalties and requiring the corrective actions sought by the ED). (Mike Rogan)
Adopt ALJ's Proposal For Decision and Order, RH/RM. All Commissioners Agree