MCBEE
MARQUEZ
BAKER
AGENDA
Wednesday,
September 27, 1995
TEXAS NATURAL RESOURCE CONSERVATION
COMMISSION
9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate
35
UNCONTESTED (Class 2 Modification to Industrial Hazardous
Waste Permit)
Item 1. Docket No. 95-1379-IHW. Consideration
of an application by DIAMOND SHAMROCK REFINING COMPANY, L.P. for Class 2
Modification to Permit No. HW-50100 in accordance with 30 TAC Section 305.69.
The permit authorizes operation of an industrial hazardous waste management
facility. The permit modification authorizes relocation of an upgradient
monitoring well (MW-109) approximately 125 feet north of the current location.
The facility is located two blocks south and three blocks west of the
intersection of U.S. Highway 281 and State Highway 72 in Three Rivers, Live Oak
County, Texas. (Kari Bourland)
Issue Class 2 Mod,
RM/JB
UNCONTESTED (District Matter)
Item 2. Docket No.
95-
0600-
DIS.
CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY ROLLING CREEK
UTILITY DISTRICT OF HARRIS COUNTY FOR APPROVAL TO LEVY A STANDBY FEE. For
Commission consideration. Applicant requests Commission approval of a non-
uniform
debt service standby fee not to exceed $358,202 per year (ranging from $10.00
to $236 per ESFC per year on approximately 2,210 total vacant ESFCs) and a
uniform O & M standby fee not to exceed $154,351 per year ($69.84 per ESFC
per year on approximately 2,210 vacant ESFCs) for calendar years 1995, 1996,
and 1997. (Robert Ferguson)
Approve Staff Recommendation, RM/JB
CONTESTED
(Superfund)
Item 3. Docket No. 95-
1356-
SPF.
Consideration of authorizing the Executive Director to amend a contract with
Lockwood, Andrews, & Newnam, Inc. for professional engineering services for
Precision Machine & Supply state superfund site.
Approved,
JB/RM
Item 4. Docket No. 95-1373-SPF. Consideration of an
administrative order to conduct remedial design/remedial action and
post-closure activities at the Aztec Mercury State superfund Site in Alvin,
Brazoria County, Texas. (Ellen Wenzel)
Approve Staff Recommendation,
RM/JB
CONTESTED (Petroleum Storage Tank Enforcement)
Item
5. Docket No. 95-
0305-
PST-
E.
Consideration of a TNRCC Default Order for violations of TNRCC rules relating
to petroleum storage tanks and assessing administrative penalties and requiring
certain actions of Bill Rainey. (Raymond C. Winter).
Issue Default
Order, RM/JB
CONTESTED (Industrial Hazardous Waste
Enforcement)
Item 6. Docket No. 95-
1371-
IHW-E.
Consideration of a Federal Facility Compliance Act Agreed Order and Compliance
Plan requiring certain actions of the United States Department of Energy Pantex
Plant concerning the storage, treatment and disposal of mixed waste. (Lisa
Roberts)
Approve Staff Recommendation, RM/BM
CONTESTED (Public
Water Supply Enforcement)
Item 7. Docket No. 94-
1011-
PWS-
E.
Consideration of an agreed order resolving an enforcement action against
Ravenna-
Ninnelee
Water Supply Corporation for violations of the Texas Health and Safety Code,
Chapter 341, Subchapter C, the Texas Water Code and the Rules of the Texas
Natural Resource Conservation Commission: assessing administrative penalties
and requiring certain actions of Ravenna-
Nunnelee
Water Supply Corporation. (SHEPHERD)
Issue Agreed Order,
RM/JB
CONTESTED (Agency Report)
Item 8. Docket No. 95-
1372-
RPT.
Discussion of an Agency Report on Enforcement Actions from various programs
including Agriculture, Air, Industrial & Hazardous Waste, Municipal Solid
Waste, Occupational Certification, Petroleum Storage Tanks, Watershed
Management, and Water Utilities. The discussion will also include a
description of enforcement backlogs and prioritization for backlog elimination.
(Anne Dobbs/John Riley).
No Action Required
CONTESTED
(Rules)
Item 9. Docket No. 95-
1326-
RUL.
Consideration for adoption of an amendment to 30 TAC Chapter 330, Subchapter
A, Section 330.4(r), concerning General Information and new 30 TAC Chapter 330,
Subchapter E, Concerning Liquid Waste Transfer Facilities for Municipal Solid
Waste. If adopted the rule will allow the authorization of these facilities
through notification in lieu of permitting. Design and operational standards
will be established by the new rule. The proposed rules were published in the
July 11, 1995, issue of the Texas Register (20 TexReg 5049). (Wayne Lee/239-
6815).
Continued
to October 11, 1995
Item 10. Docket No. 95-
1115-
RUL.
Consideration for publication and hearing of proposed amendments to 30 TAC
Chapter 116, Subchapter F, Sections 116.610, 116.617, new 116.620 and 116.621,
concerning Standard Permits. The proposed amendments and new Section 116.620,
concerning Installation and/or Modification of Oil and Gas Facilities, and
Section 116.621, concerning Municipal Solid Waste Landfill, would renumber the
standard permits. New Section 116.621 would establish a standard air permit
for a Municipal Solid Waste Landfill with new, amended, or modified municipal
solid waste permits. (Monica Pesek, David Schanbacher).
Approve Staff
Recommendation, JB/RM
CONTESTED (Affirm, Modify, or Set Aside,
Emergency Order)
Item 11. Docket No. 95-1089-UCR. The
commission will determine whether emergency order no. 95-1089-UCR, issued to
North Alamo Water Supply Corporation should be affirmed, modified, or set
aside.
Affirm Emergency Order, RM/BM
CONTESTED (Hearing
Request)
Item 12. Docket No. 95-1405-AGR. APPLICATION BY C
& W MANHATTAN ASSOCIATES for an amendment to Permit No. 03527 to authorize
the disposal of waste and wastewater from a dairy. The amendment is to
increase the capacity from a maximum of 600 head to a maximum of 990 dairy cows
on an average daily basis. The waste treatment facilities include 2 storage
ponds for washdown water, flushwater and stormwater retention. Wastewater is
disposed by irrigation on agricultural land. Manure and solids are applied as
fertilizer on agricultural land. The dairy is located on the west side of
Farm-to-Market Road 3176. The site is approximately 2 miles north of the
intersection of Farm-to-Market Road 3176 and Farm-to-Market Road 462 in Frio
and Medina Counties, Texas. The Commission will consider the application and
any hearing requests or protests.
Issue Amendment and withdraw hearing
request, JB/RM
CONTESTED (Proposal for Decision)
Item 13.
Docket No. 95-
0234-
AGR.
Consideration of Examiner's Proposal for Decision and Order concerning the
application of Steve Byl dba Dutch Cowboy Dairy for an amendment to Permit No.
03316 to authorize disposal of solid waste as fertilizer and wastewater by
irrigation on agricultural land from a dairy operation with 500 milking head
and a maximum of 700 total head in Erath County, Texas and Segment No. 1226 of
the Brazos River Basin. Recommendation: Issuance of Permit. (Alexandre
Bourgeois)
Adopt Examiners Proposal for Decision and Issue Order,
RM/JB
EXECUTIVE SESSION
Item 14. Docket No.
95-1406-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 15. Docket No. 95-1407-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
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3317
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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, September 27, 1995
TEXAS NATURAL
RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Room 201S, Bldg
E.
12118 N. Interstate 35
Item 16. Docket No.
95-1408-RUL. Consideration for publication of proposed new and amended 30
TAC Chapter 330, Subchapter O, Sections 330.561-330.569, concerning Guidelines
for Regional and Local Solid Waste Management Plans. The proposed rules would
establish procedures and requirements for the distribution of municipal solid
waste disposal fee revenue to regional planning agencies, and would establish a
requirement to include an inventory of existing and closed landfills in
regional and local solid waste management plans. The new rules are proposed to
implement changes required by House Bill 3072, 74th Legislature. (Dan
Eden).
Approve Staff Recommendations, RM/BM
Item 17. Docket
No. 95-1415-RUL. Consideration for publication of amendments to 30 TAC
Chapter 335, Subchapter A, concerning Industrial Solid Waste and Municipal
Hazardous Waste in General, Subchapter B, concerning Hazardous Waste Management
General Provisions, Subchapter F, concerning Permitting Standards for Owners
and Operations of Hazardous Waste Storage, Processing, or Disposal Facilities,
Subchapter H, concerning Standards for the Management of Specific Wastes and
Specific Types of Facilities, Subchapter J, concerning Industrial Solid Waste
and Hazardous Waste Fee System, Subchapter R, concerning Waste Classification.
The proposed rules would exempt certain activities from regulation, delete
reporting requirements for certain small generators and adopt limited federal
restrictions on land disposal of hazardous waste. (Hygie Reynolds X6825).
Approve Staff Recommendations, JB/RM
Item 18. Docket No.
95-1418-RUL. Consideration for publication of proposed amendments to 30
TAC Chapter 277, Sections 277.10, 277.12, and 277.20, concerning Use
Determinations for Tax Exemptions for Pollution Control Equipment. The
proposed rules would streamline the application process for the determination
of a property's qualification as tax exempt pollution control equipment and
modify the application fee structure. (Sam Wells)
Approve Staff
Recommendations, RM/JB
Item 19. Docket No. 95-1421-RUL.
Consideration of petition for rulemaking to adopt a new 30 TAC Chapter 263,
Section 263.88, regarding Involvement by Former Employee. Approval of this
petition would begin rulemaking to define the requirements of, and create a
good faith exception to, Texas Health & Safety Code Ann. [[section]]
361.0885. The staff recommends denial of this petition. (Randall Terrell)
Continued to October 4, 1995
Item 20. Docket No.
95-1419-RUL. Consideration for publication of and hearing on amendments to
30 TAC Chapter 116, Subchapter A, concerning Definitions, and Subchapter B,
concerning Permit Application. The proposed amendments would modify air permit
application procedures and evaluation criteria to provide more flexibility for
facilities to alter processes and emissions without Commission review. The
amendments are proposed in response to changes required by Senate Bill 1126,
74th Legislature. (Thomas Ortiz)
Approve Staff Recommendations,
RM/JB
Item 21. Docket No. 95-1282-RPT. Consideration of a
report, and staff recommendations, on 30 tac Chapter 122, concerning Federal
Operating Permits. Staff recommends initiating rulemaking to modify the
operating permit program, and seeks permission to request the U.S.
Environmental Protection Agency delay final approval of the interim Texas
program.
Approve Staff Recommendations, RM/JB
Item 22. Docket No. 95-1424-AUD.
Consideration of FY 96 - 97 Enteral Audit Plan. (Caroline
Beyer)
Approve Audit Plan, BM/RM
Item 23. Docket No.
95-1422-EXE. The Commissioners will meet in executive session to discuss
the appointment of the General Counsel, as permitted by Section 551.074 of the
Texas Open Meetings Act, codified as Chapter 551 of the Government Code. The
Commission may also meet in open session to consider the appointment of the
General Counsel.
Accept Resignation of David Bolduc and Appointment of
Geoff Connors, BM/RM
Item 24. Docket No. 95-1423-EXE. The
Commissioners will meet in executive session to discuss the employment of staff
to assist the individual Commissioners, as permitted by Section 551.074 of the
Texas Open Meetings Act, codified as Chapter 551 of the Government Code. The
Commission may also meet in open session to consider the employment of
staff.
Authorize Commissioners to Appoint their own Executive
Assistants, BM/RM
OLD BUSINESS AGENDA
Wednesday, September 27,
1995
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30
a.m.
Bldg E. Room 201S
12118 N. Interstate 35
Item carried
forward from agenda of May 10, 1995 and July 12, 1995.
Item 1.
Docket Number 95-
0676-
IHW-
E.
Consideration of an Agreed Order in the matter of Chaparral Steel requiring
certain actions under the Solid Waste Disposal Act, Tex. Health and Safety Code
Ann. Chapter 361, the Texas Water Code, TEX. WATER CODE ANN. Chapter 26, the
Texas Clean Air Act, TEX. HEALTH & SAFETY CODE ANN., Chapter 382, and the
rules of the TNRCC. (Glenn Hall/Raui Rao)
Continue to October 11,
1995
Item carried forward from Agenda of August 23, 1995.
Item
2. Docket No. 95-1193-UIC. Consideration of an application by
INTERCONTINENTAL ENERGY CORPORATION for an amendment to the production area
authorization for Production Area No. 1 under existing Permit No. UR02108-011
at its Zamzow in situ uranium mine site. The proposed amendment would revise
restoration values for sodium, carbonate, bicarbonate, fluorite, pH,
conductivity, alkalinity, arsenic, uranium, molybdenum, ammonia and radium-226.
The proposed values will not change the use category of the water. Prior to
mining, the water in the production area was used for livestock.
Intercontinental Energy Corporation has met the following criteria set forth in
30 TAC 331.107(f)(2) for an amendment to restoration table values: a)
reasonable efforts have been taken by the company to restore the aquifer; b)
the formation water in the aquifer is suitable for any use to which it was
suitable prior to mining; and c) further restoration efforts would consume
energy, water, or other natural resources of the state without providing a
corresponding benefit to the state. The Zamzow site is approximately eight (8)
miles east of Three Rivers, Texas in southern Live Oak County. The production
zone is in the Oakville Sand at a depth of 135 to 225 feet or approximately 65
to 130 feet below sea level. (John Santos)
Approve, BM/RM
Item
carried forward from Agenda of August 30, 1995.
Item 3. Docket No.
95-1252-UIC. Consideration of an application by USX CORPORATION for an
amendment to the production area authorization for Production Area No. 4 under
existing Permit No. UR01890-041 at its Moser in situ uranium mine site. The
proposed amendment would revise restoration values for arsenic, calcium,
cadmium, iron, lead, manganese, magnesium, molybdenum, uranium, TDS,
alkalinity, bicarbonate, fluoride, sulfate, and radium-226. The proposed
values will not change the use category of the water. Prior to mining, the
water in the production area was used for livestock. USX Corporation has met
the following criteria set forth in 30 TAC 331.107(f)(2) for an amendment to
restoration table values: a) reasonable efforts have been taken by the company
to restore the aquifer; b) the formation water in the aquifer is suitable for
any use to which it was suitable prior to mining; and c) further restoration
efforts would consume energy, water, or other natural resources of the state
without providing a corresponding benefit to the state. The Moser site is in
Live Oak County approximately 10 miles southwest of George West, Texas and 50
miles northwest of Corpus Christi, Texas. The production zone is in the Lower
Oakville Formation at a depth of approximately 230 to 280 feet. (John
Santos)
Remand to Staff for 6 Months
Item carried forward from
Agenda of September 13, 1995 and September 20, 95.
Item 4. Docket No. 95-1354-EXE. The Texas Natural Resource
Conservation Commission will meet in closed session to discuss (1) the
following pending litigation: Tejas Testing Technology One, L.C. and Tejas
Testing Technology Two, L.C. v. Texas Natural Resource Conservation Commission,
John Hall, Ralph Marquez, Pam Reed, Dan Pearson, Dan Morales and the Texas
Department of Public Safety, Cause No. 95-05307, in the State District
Court of Travis County, Texas, and (2) legal matters with respect to the
contracts between the TNRCC and Tejas Testing Technology One, Tejas Testing
Technology Two, L.C., and MARTA Technologies, Inc. The authority for the
closed session is Section 551.071 of the Open Meetings Act, Chapter 551 of the
Government Code. The Act requires the Commission to reconvene in open session
prior to taking any vote or making any decision. The Commission may meet in
open session to take official action concerning these matters, including action
on the contracts.
No Action Taken