AGENDA

Wednesday, November 10, 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, November 10, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of August 11, and August 25, 1999 and September 15, 1999 and October 13, 1999.
Item 1. Docket No. 1999-0863-MWD. Consideration of permit application no. 13928-001, submitted by Trailcreek Enterprises, Inc. for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 13928-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 35,000 gallons per day. The plant site is located approximately 300 feet southeast of the intersection of Farm-to-Market Road 156 on property adjacent to the City of Justin's sewage treatment plant in Denton County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Phillip Urbany/Emily Rogers)
Remand to ED
Item carried forward from agenda of October 13, 1999.
Item 2. Docket No. 1999-1009-RUL. Consideration for publication of and hearing on proposed amendments to 30 TAC Chapter 111, 111.155, concerning Ground Level Concentrations, and new 111.157, Ground-Level Concentrations for Shipbuilding and Repair Sites. The proposal will apply to shipbuilding and repair sites that remove coatings from large ocean-going vessels and platforms and will create an alternate method to determine, on a case-by-case basis, the standard for property-line, ground-level concentrations of particulate matter. (Terry Leifeste) (Rule Log No. 99027-111-AI)
Remand to ED


ADDENDUM TO OLD BUSINESS AGENDA

Wednesday, November 10, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from agenda of October 27, 1999.
Item 3. Docket No. 1998-1458-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Harris County Municipal Utility District in Harris County; Water Quality Permit No. 12209-001; for water quality violations pursuant to the TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)
See Item 45


CONTESTED AGENDA

Wednesday, November 10, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg. E

12100 Park 35 Circle

Hearing Request
Item 1. Docket No. 1999-1224-MWD. Consideration of permit application # 11003-001, submitted by the CITY OF MANOR for a renewal of TNRCC Permit No. 11003-001 to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 192,000 gallons per day. The plant site is located approximately 0.25 miles west of State Highway 212 and 0.5 miles south of U.S. Highway 290 on the Old Austin Road in Travis County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Miguel Galvan/Lisa McClain)
Continued to January 12, 2000
Item 2. Docket No. 1999-1207-MWD. Consideration of permit application # 11395-001, submitted by MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 15 for a renewal of TNRCC Permit No. 11395-001 that authorizes a discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The site is located on Gleneagles Drive, approximately 5000 feet north of Needham Road 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. (Mark Sullivan/Robin Smith)
Deny Hearing Request, approve application and adopt ED Comments, RM/RH. All Agree
Item 3. Docket No. 1999-1225-MWD. Consideration of permit application 12733-001, submitted by DESSAU MANAGEMENT, L.L.C. for a renewal with minor changes to TNRCC Permit No. 12733-001. The permittee is requesting to eliminate the 0.45 million gallons per day (MGD) phase from the draft permit. The draft permit authorizes a discharge of treated domestic wastewater at a volume not to exceed a daily average flow of 0.15 millon gallons per day. The plant site is locate on the north side of and adjacent to Dessau Lane, at a point approximately 1.3 miles east of Interstate Highway 35 in Travis County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Firoj Vahora/Robert Martinez)
Continued to December 1, 1999
Item 4. Docket No. 1999-1209-MWD. Consideration of permit application 12667-001, submitted by Craig Penfold for a renewal of TNRCC Permit No. 12667-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 18,000 gallons per day. The plant site is located approximately 1,000 feet north of the Denton-Tarrant County Boundary and 2,500 feet west of Farm-to-Market Road 2499 in Denton County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Phillip Urbany/Kathy Brown)
Continued to December 15, 1999
Agricultural Enforcement Agreed Orders
Item 5. Docket No. 1999-0632-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bill Crouch & Dale Dixon dba Dixon Dairy in Johnson County; Enforcement ID No. 13684; for dairy operation water quality violations pursuant to Chapters 7 and 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (John Wright)
Issue Agreed Order, RH/JB. All Agree
Item 6. Docket No. 1998-0826-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jochem Jongsma Dairy in Wood County; Water Quality Permit No. 03431; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Brain Lehmkuhle)
Issue Agreed Order, RH/JB. All Agree
Item 7. Docket No. 1999-0595-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bauke Mulder dba B&A Dairy in Hamilton County; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith)
Issue Agreed Order, RH/JB. All Agree
Agricultural Enforcement Default Order
Item 8. Docket No. 1998-0248-AGR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of John Roof dba John Roof Dairy in Johnson County; TNRCC ENF. ID. No. 12283; 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. (David Speaker)
Issue Default Order, RM/RH. All Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 9. Docket No. 1999-0606-PST-E. Consideration of an Agreed Order assessing administrative penalties for Mr. Marcos Garcia dba Mario's Grocery in Los Ebanos County; PST Facility ID No. 0071306; for petroleum storage tank violations pursuant to the TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gloria Stanford)
Issue Agreed Order, RH/JB. All Agree
Item 10. Docket No. 1999-0281-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of K Truck Lines Incorporated dba K-Line Trucking in Dallas County; Petroleum Storage Tank ID No. 71663; for petroleum storage tank violations pursuant to the Texas Clean Air Act, TEX. WATER CODE chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz/Julia McMaster)
Issue Agreed Order, RH/JB. All Agree
Item 11. Docket No. 1999-0442-PST-E. Consideration of an Agreed Order assessing administrative penalties of Fisca Oil Company, In. in Wichita County; PST Facility ID No. 38590; for petroleum storage tank violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Lori R. Haynie/Julia McMasters)
Issue Agreed Order, RH/JB. All Agree
Item 12. Docket No. 1998-1255-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Antonio Haghenbeck Y De la Lama Foundation, Inc. in Harris County; TNRCC ID No. 63226; for petroleum storage tank violations pursuant to Chapter 382 of the Texas Health & Safety Code, Chapter 7 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Scott McDonald)
Issue Agreed Order, RH/JB. All Agree
Item 13. Docket No. 1998-1403-PST-E. Consideration of an Agreed Order assessing administrative penalties of Sajat, Incorporated dba K L & B Food Store in Harris County; PST Facility ID No. 0065102; for petroleum storage tank violations pursuant to TEX. HEALTH & SAFETY CODE ch. 382 and TEX. WATER CODE ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Trina K. Lewison/Thomas Jecha)
Issue Agreed Order, RH/JB. All Agree
Item 14. Docket No. 1999-0042-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ms. Ona Van Dorn dba Oakville Mercantile in Live Oak County; PST Facility ID No. 53220; for petroleum storage tank violations pursuant to Texas Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Julia McMasters)
Issue Agreed Order, RH/JB. All Agree
Item 15. Docket No. 1997-1135-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dan Griffin dba Griffin Oil Company in Schleicher County; TNRCC ID No. 41050; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Scott McDonald)
Issue Agreed Order, RH/JB. All Agree
Item 16. Docket No. 1998-0601-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Joe Daneshpayeh in Jefferson County; TNRCC ID No. 11782; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Scott McDonald)
Issue Agreed Order, RH/JB. All Agree
Public Water Supply Enforcement Agreed Orders
Item 17. Docket No. 1998-1110-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Property Owners' Association of Terlingua Ranch, Inc. in Brewster County; Public Water Supply No. 0220004; for public water system violations pursuant to Texas Health & Safety code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Julia McMasters)
Issue Agreed Order, RM/JB. All Agree
Item 18. Docket No. 1999-0490-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ali Chranya dba Monaville Grocery and General Store in Waller County; Public Water Supply No. 2370043; for public drinking water quality violations pursuant to TEX. HEALTH & SAFETY CODE ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Jayme Brown)
Issue Agreed Order, RM/JB. All Agree
Item 19. Docket No. 1999-0415-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Roma in Starr County; Public Water Supply No. 2140007; for drinking water quality violations pursuant to TEX. HEALTH & SAFETY CODE ch. 341 and the rules of Texas Natural Resource Conservation Commission. (Shawn Stewart)
Issue Agreed Order, RM/JB. All Agree
Item 20. Docket No. 1999-0612-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Little Diner, Inc. in El Paso County; Public Water supply No. 0710099; for drinking water quality violations pursuant to TEX. HEALTH AND SAFETY CODE ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Paul Raisch/Elvia Maske)
Issue Agreed Order, RM/JB. All Agree
Item 21. Docket No. 1999-0555-PWS-E. consideration of an Agreed Order assessing administrative penalties of Bruce Soape dba Ocean Mobile Home Park in Chambers County; Public Water Supply Facility ID No. 0360023; for drinking water quality violations pursuant to TEX. HEALTH & SAFETY CODE ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (David Van Soest)
Issue Agreed Order, RM/JB. All Agree
Municipal Waste Discharge Enforcement Agreed Order
Item 22. Docket No. 1998-1385-MWD-E. Consideration of an Agreed Order against and requiring certain actions of the City of Centerville in Leon County; Water Quality Permit No. 10147-001; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)
Issue Agreed Order, RH/JB. All Agree
Air Enforcement Agreed Orders
Item 23. Docket No. 1999-0065-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Reliant Energy, Incorporated, Fort Bend County; Air Account No. FG-0020-V; 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. (Sam Akional/Miriam Hall)
Issue Agreed Order, RM/RH. All Agree
Item 24. Docket No. 1998-1413-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Union Carbide Corporation in Galveston County; Air Account No. GB-0076-J; 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. (Sam Akionla/Miriam Hall)
Issue Agreed Order, RM/RH. All Agree
Item 25. Docket No. 1998-0919-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Greif Bros. Corporation in Harris County; Air Account No. HG- 1221-0; 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. (Anne Marie Callery/Miriam Hall)
Issue Agreed Order, RM/RH. All Agree
Item 26. Docket No. 1999-0393-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Southline Metal Products Company in Harris County: Air Account No. HG-0675-B; for air quality violations pursuant to the Texas Clean Air Act, TEX. HEALTH & SAFETY CODE ch. 382, and the TEX. WATER CODE ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith)
Issue Agreed Order, RM/RH. All Agree
Item 27. Docket No. 1998-1240-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ogletree Forest Products, Inc. in Polk County: TNRCC ID No. PF -0007-F; 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. (John Sumner)
Issue Agreed Order, RM/RH. All Agree
Item 28. Docket No. 1998-1345-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Northstar Interests, L.C. in Galveston County; Account No. GB-0044-W; for air quality violations pursuant to the Texas Clean Air Act, Tex.Health and Safety Code ch. 382, Tex. Water Code Ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston)
Issue Agreed Order, RM/RH. All Agree
Air Enforcement Amended Agreed Order
Item 29. Docket No. 1996-1120-AIR-E. Consideration of an Amended Agreed Order requiring certain actions of Texas Aircraft Milling, Incorporated in Dallas County; TNRCC ID No. DB-0797-R; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Conservation Commission. (John Sumner)
Approve Amended Agreed Order, JB/RM. All Agree
On-Site Sewage Enforcement Agreed Order
Item 30. Docket No. 1999-0395-OSS-E. Consideration of an Agreed Order assessing administrative penalties against Donnie Barnum in McCulloch County; Registration No. 1137; for water quality violations pursuant to TEX. HEALTH AND SAFETY CODE ch. 366 and TEX WATER CODE ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)
Issue Agreed Order, RH/RM. All Agree
Item 31. Docket No. 1998-1382-OSS-E. Consideration of an Agreed Order assessing administrative penalties against Jerry M. Compton in Henderson & Wood Counties; TNRCC Certificate No. OS4986; for on- site septic system violations pursuant to Chapter 366 of the Texas Health & Safety Code, Chapter 7 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)
Issue Agreed Order, RH/RM. All Agree
Municipal Solid Waste Enforcement Agreed Order
Item 32. Docket No. 1998-1347-MSW-E. Consideration of Agreed Order assessing administrative penalties and requiring certain actions of the City of Brooker in Lipscomb County; Permit No. MSW-1943; for municipal solid waste violations pursuant to Texas Solid Waste Disposal Act, TEX. HEALTH AND SAFETY CODE ch. 361, TEX. WATER CODE ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Jimmy Walker and Craig Fleming)
Issue Agreed Order, JB/RM. All Agree
Multi-Media Enforcement Agreed Order
Item 33. Docket No. 1998-1469-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Calabrian Chemicals Corporation in Jefferson County: Solid Waste Registration No. 30446; for air quality, and industrial & hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, the Texas Clean Air Act, TEXAS HEALTH & SAFETY CODE chs. 361 and 382, TEXAS WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Susan Johnson)
Issue Agreed Order, RM/RH. All Agree
Irrigators Enforcement Agreed Order
Item 34. Docket No. 1999-0038-IRR-E. Consideration of an Agreed Order assessing administrative penalties against Bruce Allen Pridgen in Midland County; TNRCC ID No. LI0006560; for landscape irrigator installer violations pursuant to Chapter 34 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue Agreed Order, JB/RM. All Agree
Superfund Administrative Orders
Item 35. Docket No. 1999-1085-SPF. Consideration of Amendments to the Administrative Orders to Conduct Remedial Investigation and Feasibility Study Activities at the following nine State Superfund Sites: 1) American Zinc Proposed State Superfund Site in Dumas, Moore County, Texas; 2) Col-Tex Refinery State Superfund Site in Colorado City, Mitchell County, Texas; 3) Federated Metals State Superfund Site in Houston, Harris County, Texas; 4) Gulf Metals State Superfund Site in Houston, Harris County, Texas; 5) Higgins Wood Preserving Proposed State Superfund Site in Lufkin, Angelina County, Texas; 6) Materials Recovery Enterprises, Inc. Proposed State Superfund Site in Ovalo, Taylor County, Texas; 7) Old Lufkin Creosoting State Superfund Site in Lufkin, Angelina County, Texas; 8) Solvent Recovery Services State Superfund Site in Arcola, Fort Bend County, Texas; and 9) Thompson-Hayward Chemical Company Proposed State Superfund Site in Munday, Knox County, Texas. (Trey Collins, Carol Lear)
Remand to ED
Resolution
Item 36. Docket No. 1999-1282-IRR. Resolution to appoint Mr. Edmund G. Archuleta, P.E. to the Texas Irrigators Advisory Council for Landscape Irrigation.
Approve Resolution, RM/RH. All Agree
Withdrawal of Temporary Order
Item 37. Docket No. 1999-1090-IWD; SOAH Docket No. 582-99-2249. Consideration of the United States Department of the Navy's (Navy) withdrawal of its application for a temporary order and consideration of an order dismissing the application without prejudice. The Navy applied for a temporary order which would have authorized the discharge of treated groundwater contaminated primarily with perchlorate from a pilot scale treatment system at a daily maximum flow not to exceed 500,000 gallons per day via Outfall 001 on a batch discharge basis. The plant is located in Coryell and McLennan Counties, Texas.
Remand to Executive Director to Approval Withdrawal W/O Prejudice the temporary order, RM/JB. All Agree
Rules
Item 38. Docket No. 1999-0639-RUL. Consideration for the approval of the rules review and readoption of 30 TAC Chapter 333, concerning Brownfields Initiatives. This review complies with Texas Government Code, Section 2001.039, and the General Appropriations Act, Article IX, Section 9 - 10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. The proposed notice of intention to review was published in the July 2, 1999, issue of the Texas Register (24 TexReg 5068). (Charles Epperson) (Rule Log No. 99005-333-WS)
Approve review and readoption of 30 TAC Chapter 333, RM/JB. All Agree
Item 39. Docket No. 1999-0527-RUL. Consideration for adoption of 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 adoption would 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." The proposed rules were published in the June 18, 1999 issue of the Texas Register (24 TexReg 4530). (Ray Austin) (Rule Log No. 98080-335-WS)
Approve Staff Recommending with corrections, RM/RH. All Agree
Item 40. Docket No. 1999-0938-RUL. Consideration for adoption of amendments to the State Implementation Plan and to the following sections of 30 TAC Chapter 115, Subchapter C, Division 1, concerning Loading and Unloading of Volatile Organic Compounds:
115.211 - Emission Specifications
115.212 - Control Requirements
115.219 - Counties and Compliance Schedules
If adopted, these amendments would delete the emission specification for gasoline bulk plants; and eliminate the requirement to monitor the vapor return line connection between a gasoline terminal vapor collection system and a transport vessel. The proposed amendments were published in the September 10, 1999 issue of the Texas Register (24 TexReg 7144). (Eddie Mack) (Rule Log No. 99053-115-AI).
Approve Adoption, RM/JB. All Agree
Item 41. Docket No. 1999-1284-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; 114.5, Transportation Planning Definitions; proposed repeal of 114.270, Transportation Control Measures; proposed new 114.270, Transportation Control Measures; and proposed revisions to the corresponding State Implementation Plan. The proposed action will allow nonattainment area metropolitan planning organizations to substitute transportation control measures. (Alan Henderson/ Catherine Stephens) (Rule Log No. 99068-114-AI).
Approve publication and hearing, JB/RH. All Agree
Item 42. Docket No. 1999-1212-RUL. Consideration for publication of, and opportunity for hearing upon, a proposed amendment to 30 TAC Chapter 328, concerning Waste Minimization and Recycling, Section 328.7, concerning Definitions of Terms and Abbreviations. The amended section will add the definition of recycled product for state agency purchasing purposes. (Jose Carrillo/Susan White) (Rule Log No. 99032-328-WS).
Approve publication and hearing, RH/JB. All Agree
EXECUTIVE SESSION
Item 43. 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 44. 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, November 10, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 45. Docket No. 1998-1458-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Harris County Municipal Utility District 127 in Harris County; Water Quality Permit No. 12209-001; for water quality violations pursuant to the TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)
Issue Agreed Order, RM/RH. All Agree


SECOND ADDENDUM TO AGENDA

Wednesday, November 10, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 46. Docket No. 1999-1206-AIR. Rainbow Materials Inc. for a registration under 30 Texas Administrative Code Section 106.201 to operate a concrete batch plant. The location of the proposed facility is 4.1 miles east of the City of manor on Highway 290 in Travis County. The Commission will consider the application and the hearing requests that have been filed on the application. (Snehal R. Patel/Earl Jones)
Deny Hearing Request, Grant Registration, JB/RH. All Agree
Item 47. Docket No. 1999-1208-IHW. Consideration of an application by Vision Metals, Inc. located on an 82.3 acre tract of land in Fort Bend County, approximately 1 mile southwest of Rosenburg, Texas. Vision Metals has applied to the Texas Natural Resource Conservation Commission for renewal of Hazardous Waste Permit No. HW-50129 and renewal of compliance plan no CP-50129. The permit would authorize the continued post-closure care for five surface impoundments. The compliance plan renewal will require the permittee to continue to monitor the concentrations of hazardous constituents in the groundwater and remediate groundwater quality to specific standards. The Commission will also consider a hearing request and related responses. (Lara Nehman)
Deny hearing request and issue permit, adopt ED's Response, RM/RH. All Agree


AGENDA

Wednesday, November 10, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 1998-0283-PST-E; SOAH Docket No. 582-99-0434. Consideration of Administrative Law Judge's Proposal for Decision and Proposed Order assessing administrative penalties against and requiring certain actions of Faisal Nazir, K F Management Services, Inc., and N R Management, Inc. in Brazoria County for alleged violations of Texas Health & Safety Code ch. 382, Texas Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. The ALJ finds violations of the TNRCC Control of Air Pollution Rules and recommends and administrative penalty of $13,750.00. (Administrative Law Judge Lilo D. Pomerleau)
Adopt Proposal for Decision and Issue Order, with corrections as noted by ED, RM/RH. All Agree
Item 2. Docket No. 1997-1076-PST-E; SOAH Docket No. 582-98-1796. Consideration of Administrative Law Judge's Proposal for Decision and Proposed Order assessing administrative penalties against and requiring certain actions of Colonial Full Service Car Wash, Inc. in Tarrant County for alleged violations of Texas Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. The ALJ finds violations of the TNRCC petroleum storage tank rules, in particular the release detection equipment requirements of Tex. Admin. Code ch 334, and recommends an administrative penalty of $9,375.00. (Administrative Law Judge Bill Ehret)
Adopt Proposal for Decision and Issue Order, RM/RH. All Agree


ADDENDUM TO AGENDA

Wednesday, November 10, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 3. TNRCC Docket No. 1998-0484-IWD-E; SOAH Docket No. 582-98-1976. Consideration of a Motion for Rehearing filed by Garland Sandhop on behalf of Gary and Lynette Cunningham dba Pequod Packing concerning an Order issued by the Commission assessing administrative penalties against and requiring certain actions of Gary Van Cunningham. The Motion requests a hearing of the Administrative Law Judge's Proposal for Decision and Order against Gary and Lynette Cunningham dba Pequod Packing concerned alleged unauthorized discharges in the City of Port Lavaca, Calhoun County.
Grant Motion for Rehearing, JB/RH. All Agree
Item 4. TNRCC Docket No. 1998-0484-IWD-E; SOAH Docket No. 582-98-1976. Consideration of the Administrative Law Judge's Proposal for Decision and Order against Broadway Shrimp & Oysters, Inc. (Broadway), Gary Van Cunningham and Lynette Cunningham d/b/a Pequod Packing for alleged unauthorized discharges in City of Port Lavaca, Calhoun County.
Adopt Proposal for Decision and Issue Order, JB/RM. All Agree


SECOND ADDENDUM TO AGENDA

Wednesday, November 10, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 5. Docket No. 1995-1004-ISW-E; SOAH Docket No. 582-95-1044. The Commission will consider the Executive Director's proposed order, which answers all Certified Questions, as directed by the Commission at its October 27, 1999 public meeting. The certified questions were filed by Administrative Law Judge Leslie Craven on August 3, 1999, concerning the Commission's Authority under 26.121 of the Texas Water Code and 30 Texas Administrative Code 335.4 to require corrective action and impose administrative penalties with regard to passive migration of contaminants. This matter concerns the Petition of the Executive Director against Fina Oil & Chemical Company and Fina Pipeline Company, assessing administrative penalties and requiring certain actions for solid waste violations pursuant to Chapter 26 of the Texas Water Code, Chapter 361 of the Texas Health and Safety Code and 30 Texas Administrative Code 335.4. Fina Pipeline currently owns a pipeline that passes north of the Foster and Clawson subdivisions located west of Coahoma, Howard County, Texas. (Ali Abazari)
Continued to November 17, 1999


THIRD ADDENDUM TO AGENDA

Wednesday, November 10, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 6. Docket No. 1999-1196-IHW. Application by Heat Energy Advanced Technology, Inc. (HEAT) for renewal of Permit No. HW-50029 to authorize the continued operation of a hazardous waste storage and processing facility. Wastes managed at this facility are generated on-site at the HEAT fuels blending plant and received from off-site sources on a commercial basis. Wastes consist of hazardous, Class I non-hazardous and Class II non-hazardous industrial solid wastes. The facility is located in the City of Dallas, Dallas County, Texas. This location is in the drainage area of Segment No. 805 of the Trinity River Basin. The Commission will consider the application and the request for hearing by the West Dallas Coalition for Environmental Justice in light of the Texas Court of Appeal's decision affirming the District Court's decision reversing the Commission's Order issued April 9, 1996 and remanding the matter to the Commission.
Item continued until January 12, 2000