MCBEE
MARQUEZ
BAKER
AGENDA
Wednesday,
October 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. 95-1410-IHW. Consideration of an application by ELF ATOCHEM
NORTH AMERICA, INC. - HOUSTON for a Class 3 Modification to Permit No. HW-50214
in accordance with 30 TAC Section 305.69. The permit authorizes operation of
an industrial solid waste storage and processing facility for the management of
hazardous and Class I non-hazardous industrial solid waste. The permit
modification will authorize the following: (1) modification of the Maximum
Allowable Emission Rates Table for Thermal Incinerator No. 1 and (2) increase
of the permitted VOC emission rate and establishment of enforceable emission
rates for other products of combustion. The facility is located on
approximately 21.061 acres at 2231 Haden Road, south of Interstate 10 and east
of the Interstate 610 Loop in Houston, Harris County, Texas. (Kari
Bourland)
Issue Class 3 Modification, RM/BM
UNCONTESTED (Class
2 Modification)
Item 2. Docket No. 95-1439-IHW.
Consideration of an application by U.S. ARMY AIR DEFENSE ARTILLERY CENTER &
FORT BLISS for a Class 2 Modification to Permit No. HW-50296 in accordance with
30 TAC Section 305.69. The permit authorizes operation of an industrial solid
waste storage facility for the management of hazardous wastes. The permit
modification will authorize (1) reclosure of a post-closure care unit under the
Risk Reduction Rules and (2) the elimination of the requirement for continued
post-closure care for the unit and (3) correction of a typographical error in
the Groundwater Sampling and Monitoring Plan of the issued permit. The
facility is located in unincorporated portions of El Paso County, Texas and
Dona Ana and Otero Counties, New Mexico. (Kari Bourland)
Issue Class 2
Modification, RM/JB
CONTESTED (Public Water Supply
Enforcement)
Item 3. Docket No. 95-
1179-
PWS-
E.
Consideration of an Agreed Order resolving an enforcement action against the
City of Colmesneil for violations of the Texas Health and Saftey Code, Chapter
341, Subchpater C and the Rules of the Texas Natural Resource Conservation
Commission: assessing administrative penalties and requiring certain actions of
the City of Colmesneil.
Issue Agreed Order, RM/BM
Item 4.
Docket No. 95-
0820-
PWS-
E.
Consideration of an agreed order resolving an enforcement action against
Melton Ballard dba Longacres Water System for violations of the Texas Health
and Safety code, Chapter 341, Subchapter C, Chapter 13 of the Texas Water Code
and the Rules of the Texas Natural Resource Conservation Commission; assessing
administrative penalties and requiring certain actions of Melton Ballard dba
Longacres Water System. (SHEPHERD)
Issue Agreed Order,
RM/BM
Item 5. Docket No. 95-
1165-
PWS-
E.
Consideration of an agreed order resolving an enforcement action against
Milton Felts dba Big Bend Travel Park for violations of the Texas Health and
Safety Code, Chapter 341, Subchapter C, and the Rules of the Texas Natural
Resource Conservation Commission; assessing administrative penalties and
requiring certian actions of Milton Felts dba Big Bend Travel
Park.
Issue Agreed Order, RM/BM
CONTESTED (Agricultural
Enforcement)
Item 6. Docket No. 95-
0813-
AGR-
E.
Consideration of an Agreed Order Assessing Administrative Penalties and
Requiring Certain Actions of F/R Cattle Company, Inc., Permit Number 03308, for
violating Section 26.121 of the Texas Water Code, and Permit No. 03308. (Kathy
Keils).
Issue Agreed Order, JB/RM
CONTESTED (Industrial
Hazardous Waste Enforcement)
Item 7. Docket No. 95-
1083-
IHW-
E.
Consideration of a Texas Natural Resource Conservation Commission Order
assessing administrative penalties and requiring certain actions of Merichem
Company; Solid Waste Registration No. 30595 (Mohammed Moheeth/Ann
Foster)
Continued to October 18, 1995
Item 8. Docket No. 95-
0587-
IHW-
E.
Consideration of a proposed Agreed Order resolving an Enforcement Action
brought against Flame Technologies, Inc. under the Texas Solid Waste Disposal
Act, TEX. HEALTH AND SAFETY CODE ANN. Chapter 361 (Vernon 1992), the Texas
Water Code, and the rules of the Texas Natural Resource Conservation
Commission; Assessing Administrative Penalties and Requiring Certain Actions of
Flame Technologies, Inc. (Bill Ballard).
Issue Agreed Order,
RM/JB
CONTESTED (Petroleum Storage Tank Enforcement)
Item
9. Docket No. 94-
0053-
PST-
E.
Consideration of a TNRCC Agreed Order for violations of TNRCC rules relating
to petroleum storage tanks and assessing administrative penalties and requiring
certain actions of Dahlstrom Corporation. (Raymond C. Winter).
Issue
Agreed Order, JB/RM
Item 10. Docket No. 95-
1427-
PST-
E.
Consideration of a TNRCC Agreed Order for violations of TNRCC rules relating
to underground storage tanks and assessing administrative penalties and
requiring certain actions of Mr. Robert Burnett. (Raymond C. Winter).
Issue
Agreed Order, JB/RM
CONTESTED (Superfund Contract)
Item
11. Docket No. 95-
1383-
SPF.
Consideration of authorizing the Executive Director to amend a contract with
OHM, Inc. for professional engineering services for the Butler Ranch State
Superfund Site Remedial Investigation and Feasibility Study in Karnes County,
Texas.
Continued to October 25, 1995
CONTESTED (Municipal
Solid Waste Plan)
Item 12. Docket No. 95-
1370-
MSW.
Consideration of a proposed Regional Solid Waste Management Plan submitted by
the Panhandle Regional Planning Commission. 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.) (LINDA HAYNIE)
Approve Solid Waste Management Plan,
RM/JB
CONTESTED (Air Quality Enforcement)
Item 13.
Docket No. 95-
1240-
AIR-
E.
Consideration of a TNRCC Agreed Order requiring certain actions of Belco
Manufacturing Company; Account No. BF-
0104-
B,
for Air Quality violations. (Greg Warmink).
Issue Agreed Order,
JB/RM
Item 14. Docket No. 95-
1261-
AIR-
E.
Consideration of a TNRCC Agreed Order assessing administrative penalties and
requiring certain actions of Timbercreek Manufacturing Plant; Account No. HV-
0123-
F,
for Air Quality violations. (Paul Sarahan).
Issue Agreed Order,
JB/RM
Item 15. Docket No. 95-
1242-
AIR-
E.
Consideration of a TNRCC Agreed Order requiring certain actions of F.C.
Schmidt Gin; Account No. FA-
0023-
M,
for Air Quality violations. (Thomas Corwin).
Remand to Executive
Director
Item 16. Docket No. 95-
1243-
AIR-
E.
Consideration of a TNRCC Agreed Order assessing administrative penalties and
requiring certain actions of KMCO, Incorporated; Account No. HG-
0426-
B,
for Air Quality violations. (Walter Ehresman).
Issue Agreed Order,
JB/RM
Item 17. Docket No. 95-
1262-
AIR-
E.
Consideration of a TNRCC Agreed Order requiring certain actions of T.T.L.,
Inc.; Account No. JI-
0079-
D,
for Air Quality violations. (Thomas Corwin).
Issue Agreed Order,
JB/RM
Item 18. Docket No. 95-
1256-
AIR-
E.
Consideration of an Agreed Order requiring certain actions of East End Auto
Sales; Account No. HG-
9817-
L,
for Air Quality violations. (Peter Gregg).
See Item 35
Item 19.
Docket No. 95-
1255-
AIR-
E.
Consideration of a TNRCC Agreed Order requiring certain actions of the Celotex
Corporation; Account No. HG-
0128-
M,
for Air Quality violations. (Lisa Uselton Dyar).
Issue Agreed Order,
JB/RM
Item 20. Docket No. 95-
1254-
AIR-
E.
Consideration of an Agreed Order assessing administrative penalties and
requiring certain actions of A & R Pre-
Owned
Automobiles; Account No. FG-
0455-
F,
for Air Quality violations. (Peter Gregg).
Issue Agreed Order, JB/RM
Item 21. Docket No. 95-
1241-
AIR-
E.
Consideration of an Agreed Order assessing administrative penalties and
requiring certain actions of Chief Auto Sales; Account No. MW-
0464-
A,
for Air Quality violations. (Peter Gregg).
Issue Agreed Order,
JB/RM
Item 22. Docket No. 95-
1260-
AIR-
E.
Consideration of a TNRCC Agreed Order requiring certain actions of Star
Enterprise; Account No. JE-
0095-
D,
for Air Quality violations. (Walter Ehresman).
Issue Agreed Order,
JB/RM
Item 23. Docket No. 95-
1239-
AIR-
E.
Consideration of a TNRCC Agreed Order assessing administrative penalties and
requiring certain actions of All Saints Health System; Account No. TA-
0010-
Q,
for Air Quality violations. (Greg Warmink).
Issue Agreed Order,
JB/RM
CONTESTED (Rules)
Item 24. Docket No. 95-
0862-
RUL.
Consideration for adoption of amendments to 30 TAC Chapter 101, Section
101.29, concerning Emissions Banking; and revisions to the State Implementation
Plan. If approved, the rule would encourage greater use of the emissions bank
by providing additional flexibility and removing disincentives for its use.
The proposal was published in the Texas Register on July 11, 1995 (20 TexReg
5013). (Mike Magee).
Adopt Amendment as Recommended by Staff with
changes as recommended by Chairman McBee, BM/RM
Item 25. Docket No. 95-
1417-
RUL.
Consideration for publication on proposed amendments to 30 TAC 330, Subchapter
P, concerning Fees and Reports. The proposed rules would exempt from payment
of solid waste disposal fees: (1) solid waste resulting from a public entity's
cleanup of a community from the effects of a natural or man-
made
disaster or from structures that have been contributing to drug trafficking or
other crimes if the disposal facility donates the cost of disposal of the waste
to the public entity, and (2) Class I industrial waste or hazardous waste
subject to fees under Health and Safety Code Section 361.136. (Eddie
Molina).
Publish proposed amendments as recommended by staff,
BM/RM
Item 26. Docket No. 95-
0625-
RUL.
Consideration for adoption of 30 TAC, Chapter 335, Subchapter K, Section
335.352, concerning Hazardous Substance Facilities Assessment and Remediation.
If adopted, the rule would avoid duplication of effort by eliminating
utilization of two versions of the Hazardous Ranking System. This will allow
the State Superfund Program site assessment process to be consistent with the
Federal Superfund Program. It would also increase the accuracy in assessing
the relative degree of risk to human health and the environment posed by a
facility. The proposal of this amendment was published in the June 13, 1995
issue of the Texas Register (20 TexReg 4340). (Wesley Newberry)
Approve
Adoption, RM/JB
Item 27. Docket No. 95-
0744-
RUL.
Consideration for adoption of amendments to 30 TAC Chapter 116, Subchapter B,
concerning New Source Review Permits, Nonattainment Review; and revisions to
the State Implementation Plan regarding these amendments. If adopted, the
state new source review of nitrogen oxide sources in nonattainment areas will
be consistent with federal requirements. The proposal was published in the
Texas Register on September 5, 1995 (20 TexReg 6910). (Mike
Magee).
Approve Adoption, RM/JB
Item 28. Docket No. 95-
1412-
RUL.
Consideration for publication of proposed new 30 TAC Chapter 324, concerning
Used Oil; repeal of 30 TAC Chapter 330, Subchapter Z, concerning Waste
Minimization; and amendment of 30 TAC Chapter 335, Subchapter A, concerning
Industrial Solid Waste and Municipal Waste in General, Subchapter C, concerning
Standards Applicable to Generators of Hazardous Waste, and Subchapter H,
concerning Hazardous Waste Burned for Energy Recovery. The rulemaking includes
standards for used oil generators, collection centers, transporters, transfer
facilities, processors, re-
refiners,
burners , and marketers in accordance with RCRA requirements. The rules are
proposed to implement the requirements of 40 CFR Part 279 and Senate Bill 1683,
74th Legislature. (Hygie Reynolds).
Approve Publication,
RM/JB
Item 29. Docket No. 95-
1402-
RUL.
Consideration for adoption of new and amended 30 TAC Chapter 334 concerning
Underground and Aboveground Storage Tanks. The rules propose significant
changes to the existing program in response to the requirements of House Bill
2587, 74th Legislature. The proposed rules were published in the July 18,
1995, issue of the Texas Register (20 TexReg 5142) and (20 TexReg 5266). (Joe
Woodard).
Approve Staff Recommendation, RM/BM
CONTESTED
(Administrative Law Judge's Proposal for Decisions)
Item 30.
Docket No. 95-
0038-
MWD.
Consideration of Administrative Law Judge's Proposal for Decision concerning
the application of Military Highway Water Supply Corporation for Permit No.
13492-
02
to authorize the disposal by irrigation of an average of 210,000 gallons per
day of treated domestic wastewater effluent in Hidalgo and Cameron Counties,
Texas, and Segment No. 2202 of the Nueces-
Rio
Grande Coastal River Basin. Recommendation: Issuance of permit. (ALJ Bill
Zukauckas)
Aopt Administrative Law Judges decision and issue permit,
RM/BM
Item 31. Docket No. 95-
1307-
UCR.
SOAH Docket No. 582-
95-
1102.
Consideration of ALJ's Proposal for Decision & Order concerning the
application of Lake Lyndon B. Johnson MUD II for Permit No. 13660-
01
to authorize the treatment of facility and disposal by irrigation of 100,000
gpd treated domestic wastewater effluent in Burnet County, Texas, and Segment
No. 1406 of the Colorado River Basin. Recommendation: Denial of permit
(Elizabeth Todd)
Deny Administrative Law Judges decision and Issue
Permit, BM/RM
EXECUTIVE SESSION
Item 32. Docket No.
95-1488-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 33. Docket No. 95-1489-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.
General Counsel will do certified agenda
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 TO AGENDA
Wednesday, October 11, 1995
TEXAS NATURAL
RESOURCE CONSERVATION COMMISSION
1:00 p.m.
Room 201S, Bldg
E.
12118 N. Interstate 35
Item 34. Docket No.
95-1468-AIR. APPLICATION BY RAINBOW MATERIALS, INC. for a registration
under Standard Exemption No. 71 (Standard Exemption Registration No. 29967).
If granted, the registration will allow Rainbow Materials, Inc. to construct
and operate a concrete batch plant located at 4756 FM 1431, Leander, Williamson
County, Texas. The Commission will consider the hearing request submitted by a
member of the legislature from the general area in which the proposed facility
is located.
Deny Hearing Request
SECOND ADDENDUM TO
AGENDA
Wednesday, October 11, 1995
TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION
9:30 a.m.
Room 201S, Bldg E.
12118 N.
Interstate 35
Item 35. Docket No. 95-1256-AIR-E.
Consideration of an Agreed Order requiring certain actions of East End Auto
Parts; Account No. HG-9817-L, for Air Quality violations. (Peter Gregg).
(This item is being reposted to correct item 18.)
Issue Agreed
Order, JB/RM
Item 36. Docket No. 95-1466-RUL. Consideration for
publication of a proposed amendment to 30 TAC Chapter 305, Subchapter D,
Section 305.70, concerning Amendments, Renewals, Transfers, Corrections,
Revocation, and Suspension of Permits. The proposed amendment would allow
changes to the design of Municipal Solid Waste Landfills below the seasonal
high water table to be processed as permit modifications. (Clark Talkington,
239-6731)
Approve Publication, RM/JB
Item 37. Docket No.
95-1518-EXE. The Texas Natural Resource Conservation Commission will hold
a closed meeting to discuss pending litigation related to the Edwards Aquifer,
including the following pending matters: (1) Sierra Club, et al. v. Bruce
Babbitt, et al., No. 91-CA-069, United States District Court, Western District
of Texas, Midland-Odessa Division; and (2) Sierra Club, et al. v. Bruce
Babbitt, et al., Nos. 94-50260 and 95-50165, United States Court of Appeals for
the Fifth Circuit. In accordance with the Texas Open Meetings Act, Chapter 551
of the Government Code, the Commission will first convene in open meeting, and
then hold a closed meeting to consult with counsel concerning these matters.
The authority for the closed meeting is Section 551.071 of the Texas Open
Meetings Act, Chapter 551 of the Government Code. The Commission may meet in
open meeting to take official action concerning this matter.
Continued
to October 18, 1995
OLD BUSINESS AGENDA
Wednesday, October 11,
1995
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30
a.m.
Room 201, Bldg E.
12118 N. Interstate 35
Item
carried forward from agenda of May 10, 1995, July 12, 1995 and September 27,
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)
Issue Agreed Order,
RM/JB
Item carried forward from agenda of September 27,
1995.
Item 2. 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).
Adopt
as Recommended, JB/RM