GARNER
HALL-ABSENT AND EXECUSED
AGENDA
Wednesday, January 11, 1995
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Room 201S
Bldg E.
12118 N. Interstate 35
UNCONTESTED (Class 3 Modification)
Item 1. Docket No. 94-0822-IHW. Consideration of an application by SANDHILLS INDUSTRIES, INC. for a Class 3 modification and permit renewal to Permit No. HW50006-01 in accordance with 30 TAC Section 305.69. The permit modification authorizes the construction and operation of container storage areas for the storage of industrial and hazardous waste addition of the North Holding Basin to the ground-water corrective action program. The applicant operates a commercial and hazardous waste management facility which is located on a 5-acre tract of land in the southwest part of Section 5, Block 42, T3S, T&P Ry Co Survey, Ector County, Texas. The facility is approximately 0.8 mile due west of the intersection of State Highway 385 and the South Loop 338, and 0.3 mile due south of the Odessa South Loop Highway 338. (Joy H. Archuleta)
Approved, PG/PR
UNCONTESTED (Renewal of Industrial Waste Discharge)
Item 2. Docket No. 95-0076-IWD. APPLICATION BY SOUTHWESTERN REFINING COMPANY, INC. for renewal of Permit No. 00457 which authorizes a discharge of treated process water, treated ballast water, and treated stormwater at a volume not to exceed an average flow of 2,160,000 gallons per day via Outfall 001. The permit also authorizes intermittent, flow variable discharges of stormwater via Outfalls 002, 003, and 004. In addition to the existing discharges, the renewed permit will authorize: an additional waste stream of treated contaminated groundwater generated as a result of a groundwater remediation system via Outfall 001; and additional waste streams of hydrostatic test tank water, fire water pump test water and steam condensate via Outfalls 002, 003 and 004. The renewed permit will also add four outfalls (Outfalls 005, 006, 007 and 008) to regulate intermittent, flow variable discharges of stormwater, hydrostatic test tank water, fire water pump test water and steam condensate. The Corpus Christi Petroleum Refinery is at 1700 Nueces Bay Boulevard between Ebony Street and the Corpus Christi Inner Harbor on the north side of the City of Corpus Christi, Nueces County, Texas.
Approved, PG/PR
UNCONTESTED (Amendment to Municipal Waste Discharge)
Item 3. Docket No. 95-0128-MWD. APPLICATION BY CONROE BAY CIVIC ASSOCIATION for an amendment to Permit No. 12582-01 to authorize an increase in the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 17,000 gallons per day to a volume not to exceed an average flow of 48,000 gallons per day. The permittee is also requesting a variance to the buffer zone requirements in accordance with 30 TAC Chapter 309.13 (e)(1)(A). The proposed amendment will enforce more stringent effluent limitations as needed, in order to meet existing applicable rules and regulations. The Conroe Bay Wastewater Treatment Facilities are approximately 5 miles northwest of the City of Willis and 450 feet north of Lake Conroe in Montgomery County, Texas.
Approved, PG/PR
UNCONTESTED (Temporary Order)
Item 4. Docket No. 95-0114-IWD. APPLICATION BY EXXON CHEMICAL ASSET MANAGEMENT PARTNERSHIP (ECAMP) for a Temporary Order to authorize the discharge of once-through cooling water for cooling of plant air compressors at a maximum volume not to exceed 860,000 gallons during any 24-hour period. The applicant operates an organic chemical plant located at 3525 Decker Drive in the City of Baytown, Harris County, Texas. The effluent is to be discharged into a drainage ditch; thence through Outfall 002 of the TNRCC Permit No. 02184; thence to the West Fork of Goose Creek; thence to Goose Creek; thence to Tabbs Bay in Segment No. 2426 of the Bays and Estuaries. The applicant has stated that this request is justified to prevent possible severe property damage, severe economic loss, serious injury or loss of life.
Issue Temporary Order, PG/PR
UNCONTESTED (District Matter)
Item 5. Docket No. 95-0740-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. 61 FOR APPROVAL OF $5,600,000 UNLIMITED TAX AND REVENUE BONDS, 7.167% NET EFFECTIVE INTEREST RATE, SERIES 1995, TENTH ISSUE. For Commission consideration. Applicant requests approval of the issuance of $5,600,000 in tax and revenue bonds to finance utility infrastructure and plant improvements within the District. (Robert Ferguson)
Approved, PG/PR
UNCONTESTED (Water Utility Matter)
Item 6. Docket No. 94-0495-UCR. Consideration of Examiner's Memorandum and Order concerning the application of Bryan- Stewart, Inc. dba Idlewood Utilities to change retail sewer rates in Angelina County, Texas. Applicant provides retail sewer service to approximately 295 customers. Recommendation: Adoption of agreement of parties. (Alex Bourgeois)
Approved, PG/PR
CONTESTED (Industrial Hazardous Waste Enforcement)
Item 7. Docket No. 95-0104-IHW-E. Consideration of Agreed Order Resolving Violations under the Rules of the Texas Natural Resource Conservation Commission (TNRCC) Assessing Administrative Penalties and Requiring Certain Actions of AGE Refining, Inc. and Howell Hydrocarbons and Chemicals, Inc.; SWR No. 34356. (McWherter/Johnson).
Issue Agreed Order, PG/PR
CONTESTED (Municipal Solid Waste Enforcement)
Item 8. Docket No. 94-0811-MSW-E. Consideration of the Executive Director of the Texas Natural Resource Conservation Commission's Petition to Revoke Southern Tire Recyclers, Inc.'s Waste Tire Registrations Nos. 44077, 44100, 44121, and 79000, pertaining to municipal solid waste. (John Mead/Robin Smith)
Continued to February 1, 1995
CONTESTED (Solid Waste Management Plan)
Item 9. Docket No. 95-0069-MSW. Consideration of a proposed Regional Solid Waste Management Plan submitted by the Concho Valley Council of Governments. Regional Solid Waste Management Plans are required by the Texas Health and Safety Code, Chapter 363 (Comprehensive Municipal Solid Waste Management, Recovery, and Conservation Act. (1990). (Stephen Dayton)
Approve Regional Solid Waste Management Plan, PG/PR
CONTESTED (Rules)
Item 10. Docket 95-0058-RUL. CONSIDERATION OF PROPOSED AMENDMENTS TO TITLE 30 TEXAS ADMINISTRATIVE CODE, CHAPTER 335, INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE RULES, RELATING TO CLASSIFICATION AND CODING REQUIREMENTS. (Stephanie Johnson)
Continued to February 1, 1995
Item 11. Docket No. 95-0129-RUL. Consideration of the adoption to publish in the Texas Register amendments to 30 TAC Sections 330.4(q), and 330.65(f) establishing policy regarding grit trap waste drying facilities at car washes. Also rules are established regarding municipal solid waste transfer stations that recover some material. The material recovery facility (MRF) rules establish a registration system in lieu of permitting. (Wayne Lee)
Approve Staff Recommendation, PR/PG
Item 12. Docket No. 95-0110-RUL. Consideration of the adoption of a new 30 TAC [[section]]114.7, concerning fees for the Motor Vehicle Inspection/Maintenance program in the following nonattainment areas: Houston/Galveston, Beaumont/Port Arthur, Dallas/Fort Worth, and El Paso. (John Steib)
Adopt Rules as Recommended by Staff, PR/PG
Item 13. Docket No. 95-0093-RUL. Executive Director update briefing of status on permit streamlining by Rule Making, Chapter 321. (Tom Weber)
Approve as Recommended by Staff, PR/PG
Item 14. Docket No. 95-0061-RUL. Consideration and Final Adoption of 30 TAC 321.131 - 321.138, relating to Rule to Discharge Petroleum Substance Contaminated Water. This final rule incorporates changes in response to comments received following publication in the Texas Register on August 19, 1994 and Public Hearing on November 29, 1994. (Charles Eanes)
Adopt Rules as Recommended by Staff, PR/PG
CONTESTED (Proposal for Decision)
Item 15. Docket No. 95-0087-AIR. Consideration of Examiner's Proposal for Decision & Order concerning the application of Lorax Corp. fka Greenwall Insulation Company for Permit No. 23382 to authorize the construction of a facility in Henderson County, TX; Recommendation: Issuance of permit. (Patricia Robards)
Adopt Proposal for Decision and Issue Order, PR/PG
Item 16. Docket No. 94-0722-AIR. Consideration of Examiner's Proposal for Decision & Order concerning the application of Amoco Chemical Company for an Emergency Order authorizing the construction and operation of two temporary boilers due to a catastrophic event at a facility in Harris County, Texas; Recommendation: Affirmation of Emergency Executive Order. (Alexandre Bourgeois)
Adopt Proposal for Decision and Issue Order, PR/PG
EXECUTIVE SESSION
Item 17. Docket No. 95-0138-EXE. THE COMMISSION WILL MEET
IN EXECUTIVE SESSION TO 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
GOV'T CODE, Sections 551.071 and 551.074, the Open
Meetings Act. No final action, decision or vote
with regard to any matter considered in closed
session shall be made in the absence of further
notice issued in accordance with Chapter 551 of the
Government Code.
No Action Taken
Item 18. Docket No. 95-0139-EXE. COMMISSIONERS WILL MEET IN
EXECUTIVE SESSION TO DISCUSS THEIR DUTIES, ROLES,
AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC
UNDER GOV'T CODE, SECTION 551.074, the Open
Meetings Act. No final action, decision or vote
with regard to any matter considered in closed
session shall be made in the absence of further
notice issued in accordance with 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.)
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
Wednesday, January 11, 1995
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35
Item 19. Docket No. 95-0074-UCR. Consideration of Memorandum and Order by Hearings Examiner concerning the application of Lakeshore Utility Company, Inc., CCN No. 10843, to obtain Lake Vista Village Water Works and to transfer a portion of Certificate of Convenience and Necessity No. 10838 from the City of Eustace in Henderson County, Texas. Recommendation: Adoption of agreement of parties. (Tommy Broyles)
Adopt Examiner Memorandum and Issue Order, PG/PR