MCBEE

MARQUEZ

BAKER AGENDA

Wednesday, December 13, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

10:00 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

UNCONTESTED (Enforcement Report)

Item 1. Docket No. 95- 1688- RPT. Discussion of an Agency Report on Enforcement Actions from various programs including Agriculture, Air, Industrial & Hazardous Waste, Multi- Media, 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).

No Action Required

UNCONTESTED (District Matter)

Item 2. Docket No. 95-1638-DIS. CONSIDERATION OF A PROPOSED ORDER GRANTING THE PETITION FOR CREATION OF ARLINGTON ENTERTAINMENT AREA MANAGEMENT DISTRICT. Petition requests creation of a management district to provide a transportation service within the Arlington entertainment and convention center area. (Robert Ferguson)

Adopt Proposed Order as Recommended by Staff, RM/JB

CONTESTED (Hearing Request)

Item 3. Docket No. 95-1621-AIR. APPLICATION BY CLSW, LTD. DBA CHEMLINE for renewal of Permit No. 4335A). If granted, the renewed permit would allow Chemline to continue to operate Lime Kiln No. 2 at its facility located on Farm to Market Road 2602, two miles west of State Highway 6 in Clifton, Bosque County, Texas. The Commission will consider the application and hearing requests that have been filed on the application. (Ronnie Jones/Mike Goule)

Grant Permit and Deny Hearing Request, RM/JB

Item 4. Docket No. 95-1620-AIR. APPLICATION BY CLSW, LTD. DBA CHEMLINE for a construction permit (Proposed Permit No. 23214). If approved the permit would allow Chemline to construct Lime Kiln No. 1 at its facility located on Farm to Market Road 2602, two miles west of State Highway 6 in Clifton, Bosque County, Texas. The Commission will consider the application and hearing requests that have been filed on the application. (Ronnie Jones/Mike Gould)

Deny Request for Hearing and Issue Permit, RM/JB, McBee voted against.

Item 5. Docket No. 95-1680-MWD. APPLICATION BY CITY OF RUSK for an amendment to Permit No. 10447-01 to authorize an increase in the discharge of treated domestic wastewater effluent. The discharge is to be increased from a volume not to exceed an average flow of 1,200,000 gallons per day to a volume not to exceed an average flow of 1,750,000 gallons per day. The wastewater treatment facilities are approximately 1.5 miles south of mid-town Rusk, at a point approximately 1/4 mile west of Farm-to-Market Road 752, adjacent to One-Eye Creek in Cherokee County, Texas. The effluent is discharged into One-Eye Creek; thence to Boxes Creek; thence to the Neches River Below Lake Palestine in Segment No. 0604 of the Neches River Basin. The Commission will consider the application and hearing requests that have been filed on the application. (Bob Sweeney/Tom Weber)

Reamnd to State Office Administrative Hearings, BM/JB

Item 6. Docket No. 95-1677-IWD. APPLICATION BY U.S. DEPARTMENT OF THE AIR FORCE for a permit (Proposed Permit No. 03830) to authorize a discharge of treated groundwater at a volume not to exceed an average flow of 32,000 gallons per day. The applicant proposes to conduct a groundwater treatability study and groundwater remediation at Brooks Air Force Base. The plant site is just inside the southwest corner of the Brooks Air Force Base boundary, east-northeast of the convergence of Old Corpus Christi Road, South Presa Street, and Villamain Road in the City of San Antonio, Bexar County, Texas. The effluent is discharged into an unnamed tributary of the San Antonio River; thence to the San Antonio River in Segment No. 1911 of the San Antonio River Basin. The Commission will consider the application and hearing requests that have been filed on the application. (Bob Sweeney/Tom Weber)

Remand to Alternative Dispute Resolution, BM/JB

Item 7. Docket No. 95-1769-IWD. APPLICATION BY ACME BRICK COMPANY for a permit (Proposed Permit No. 03844) to authorize an intermittent, flow variable discharge of mine pit water and stormwater via Outfall 001 from the Herbert Clay Mine. The mine is adjacent to the south side of U.S. Highway (US Hwy) 380 immediately west of the junction of US Hwy 380 and US Hwy 377 near the City of Crossroads, Denton County, Texas. The effluent is discharged into an unnamed tributary; thence to Lewisville Lake in Segment No. 0823 of the Trinity River Basin. The Commission will consider the application and hearing requests that have been filed on the application. (Bob Sweeney/Tom Weber)

Issue Permit, Deny Hearing Request, JB/RM

Item 8. Docket No. 95-1676-AGR. APPLICATION BY BILLY E. NEWSOM DAIRY for a permit (Proposed Permit No. 03801) to authorize disposal of waste and wastewater from a dairy. The dairy will consist of a maximum of 400 milking cows on an average daily basis. Wastewater will be disposed of by irrigation on 31 acres of agricultural cropland. Manure/solids will be disposed of as fertilizer on agricultural cropland. No discharge of pollutants into the waters of the State is authorized by this permit. The dairy is on Johnson County Road 1005 between Johnson County Roads 913 and 915 near Godley, Johnson County, Texas. This location is in the drainage area of the Brazos River Basin in Segment No. 1228 of Lake Pat Cleburne. The Commission will consider the application and hearing requests that have been filed on the application. (Bob Sweeney/Darrell Williams)

Remand to State Office Administrative Hearing to consider validity of request, RM/JB

CONTESTED (Municipal Solid Waste Enforcement)

Item 9. Docket No. 95-1689-MSW-E. Consideration of an Agreed Order requiring certain actions of LuMarCo, Inc. in Austin County; Unauthorized Solid Waste Site No. 33482; for municipal solid waste violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (McCollum/Shepherd)

Issue Agreed Order, JB/RM

Item 10. Docket No. 95-1691-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bobby Yancey in Montgomery County; Unauthorized Solid Waste Site No. (number); for Municipal Solid Waste violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Mead/Gilbert)

Issue Agreed Order, with changes to order, RM/BM

Item 11. Docket No. 95- 1674- MSW- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Environmental Insight in Johnson County, Unauthorized Solid Waste Site No. 85149, for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act and the rules of the Texas Natural Resource Conservation Commission. (McCollum/Shepherd)

Issue Agreed Order, JB/RM

CONTESTED (Industrial Waste Discharge Enforcement)

Item 12. Docket No. 94- 0259- IWD- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of ARMCO, Inc. in Harris County; Permit No. 00509; for violations pursuant to the Texas Water Code Chapter 26 and the rules of the Texas Natural Resource Conservation Commission. (Roxanne Cook/Kathy Keils)

Issue Agreed Order, RM/JB

Item 13. Docket No. 94- 0259- IWD- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of ARMCO, Inc. in Harris County; Permit No. 00509; for violations pursuant to the Texas Water Code Chapter 26 and the rules of the Texas Natural Resource Conservation Commission. (Roxanne Cook/Kathy Keils).

Submitted in Error

CONTESTED (Petroleum Storage Tank Enforcement)

Item 14. Docket No. 95- 1401- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions against Ms. Hien Thi Le Nguyen; Plano, Collin County; PST Enforcement No. E10748; for underground storage tank violations pursuant to the Texas Water Code, Chapter 26 and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman).

Remand to Executive Director, No Action Taken

CONTESTED (Public Water Supply Enforcements)

Item 15. Docket No. 95- 1453- PWS- E. Consideration of an Agreed Order Assessing Administrative penalties and requiring certain actions of North Hunt Water Supply Corporation in Hunt County: PWS NO.1160039; for Public Water System violations pursuant to the Texas Health and Safety Code, Chapter 341, Subchapter C and the Rules of the Texas Natural Resource Conservation Commission. (GREG WARMINK)

Issue Agreed Order, RM/BM

Item 16. Docket No. 95- 0219- PWS- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Oliver Gibson dba Cresson Water Works in Johnson County; PWS NO. 1260053; for public water system violations pursuant to 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. (TOM CORWIN)

Issue Agreed Order, RM/BM

CONTESTED (Air Quality Enforcements)

Item 17. Docket No. 95- 1524- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions against Fina Oil and Chemical Company; Port Arthur, Jefferson County; Account No. JE- 0005- H; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman).

Issue Agreed Order, RM/JB

Item 18. Docket No. 95- 1528- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tomball Ford; Tomball, Harris County; Account No. HG- 3177- B; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman).

Issue Agreed Order, RM/JB

Item 19. Docket No. 95- 1527- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions against Kalyn- Siebert, Incorporated; Gatesville, Coryell County; Account No. CW- 0032- O; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman).

Issue Agreed Order, RM/JB

Item 20. Docket No. 95- 1569- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southern Manufacturing Company; Port Arthur, Jefferson County; Account No. JE- 0168- B; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar).

Issue Agreed Order, RM/JB

Item 21. Docket No. 95- 1525- AIR- E. Consideration of an Agreed Order requiring certain actions of Greenbelt Farmers Cooperative; Childress, Childress County; Account No. CK- 0005- G; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar).

Issue Agreed Order, RM/JB

Item 22. Docket No. 95- 1579- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Temple- Inland Forest Products Corporation, Evadale, Jasper County; Account No. JC- 0003- K; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar).

Issue Agreed Order, RM/JB

Item 23. Docket No. 95- 1567- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Elf Atochem North America, Inc. in Harris County; Account No. HG- 0461- W; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Thomas Corwin).

Issue Agreed Order, RM/JB

Item 24. Docket No. 95- 1570- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Vicom, Incorporated in Dallas County; Account No. DB- 1893- N; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource.

Issue Agreed Order, RM/JB

Item 25. Docket No. 95- 1526- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Huizar Motors in El Paso County; Account No. EE- 0685- C; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Peter Gregg).

Issue Agreed Order, RM/JB

Item 26. Docket No. 95- 1568- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of North Dallas Auto Works in Collin County; Account No. CP- 0328- Q; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Peter Gregg).

Issue Agreed Order, RM/JB

Item 27. Docket No. 95- 1523- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Enterprise Products Company in Chambers County; Account No. CI- 0008- R; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Peter Gregg).

Issue Agreed Order, RM/JB

Item 28. Docket No. 95- 1521- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of All States Auto in El Paso County; Account No. EE- 0782- D; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Peter Gregg).

Issue Agreed Order, RM/JB

Item 29. Docket No. 95- 1529- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions against Ventex Plastics, Inc.; Raywood, Liberty County; Account No. LH- 0116- W; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman).

Issue Agreed Order, RM/JB

Item 30. Docket No. 95- 1566- AIR- E. Consideration of an Agreed Order requiring certain actions against Artco- Bell; Temple, Bell County; Account No. BF- 0003- I; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman).

Issue Agreed Order, RM/JB

CONTESTED (Rules)

Item 31. Docket No. 95- 0849- RUL. Consideration for adoption of amendments to 30 TAC Chapter 101, Section 101.2(b), regarding Multiple Air Contaminant Sources of Properties, and revision to the State Implementation Plan. If approved, the amendment would expand the geographical availability of the provision, but would limit the use of the provision to either properties with a new property line configuration or operated or intended to be operated as integrated plants. The proposal was published in the August 22, 1995 issue of the Texas Register (20 TexReg 6391). (Randall Terrell).

Adopt as Recommended by Staff, RM/BM

Item 32. Docket No. 95- 1642- RUL. Consideration for publication of notice and hearing on a proposed revision to the State Implementation Plan for the Dallas/Fort Worth ozone nonattainment area. The proposed revision would authorize Bell Helicopter Textron Incorporated to use an alternate reasonably available control technology as allowed in 30 TAC Chapter 115, Subchapter E, Section 115.423, concerning Alternate Control Requirements, in lieu of the control technology requirements specified in Section 115.421, concerning Surface Coating Processes. (Buddy Henderson).

Proceed with Publication of Notice and Hearing, RM/JB

Item 33. Docket No. 95- 1198- RUL. Consideration for adoption of a revision to the State Implementation Plan for the Post- 96 Rate- of- Progress for the Houston/Galveston and Beaumont/Port Arthur ozone nonattainment areas. This revision would satisfy the requirements of the Federal Clean Air Act to demonstrate continuing progress toward attainment. (Liz Johnson).

Approve Staff Recommendation, RM/BM

Item 34. Docket No. 95- 1687- RUL. Consideration of the Pineywoods Resource Conservation and Development, Inc. petition for rulemaking to amend 30 TAC Chapter 285, regarding On- Site Wastewater Treatment. The petition seeks to cancel the classification of constructed wetlands/submerged rock filters as non- standard systems under existing rules. The staff recommendation is to deny the petition. (LeMarcus Johnson).

Approve Staff Recommendation, Deny Petition and put together a working Group, BM/JB

CONTESTED (Administrative Law Judge's Proposal for Decision)

Item 35. Docket No. 95- 0611- DIS. Consideration of Administrative Law Judge's Proposal for Decision concerning the application of Roman Forest Consolidated Municipal Utility District to adopt and impose standby fees in Montgomery County, Texas. Recommendation: Issuance of the Order. ALJ: Bill Zukauckas

Approve Administrative Law Judge's Proposal for Decision and Issue Order with correction to Order, JB/BM

EXECUTIVE SESSION

Item 36. Docket No. 95-1692-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 37. Docket No. 95-1693-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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OLD BUSINESS AGENDA

Wednesday December 13, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

10:00 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of November 16, 1995.

Item 1. Docket No. 95- 1590- RUL. Consideration for publication of amendments to 30 TAC Chapter 305, Subchapter O, concerning Additional Conditions and Procedures for Wastewater Discharge Permits and Sewage Sludge Permits, Chapter 309, Subchapter D, concerning Criteria for Classification of Solid Waste Disposal Facilities and Practices, Chapter 337, Subchapter A, concerning Enforcement Generally. The amended sections will provide a force majeure defense to non- compliance and will adopt by reference a Memorandum of Understanding between the Attorney General and the Texas Natural Resource Conservation Commission providing for adequate public participation in civil enforcement proceedings. The amendments are necessary for Texas to receive federal delegation of the National Pollutant Discharge Elimination System. (Margaret Hoffman).

Continued to January 17, 1995

Item carried forward from Agenda of December 6, 1995.

Item 2. Docket No. 95- 1420- RUL. Consideration for publication and hearing of proposed new 30 TAC Chapter 321, Subchapter J, concerning Discharges to Surface Water From Ready-Mixed Concrete Plants and/or Concrete Products Plants or Associated Facilities, Subchapter L, concerning Discharges to Surface Waters from Motor Vehicles Cleaning Facilities, Subchapter M, concerning discharges to Surface Waters from Petroleum Bulk Stations and Terminals, and Subchapter N, concerning Handling of Wastes from Commercial Facilities engaged in Livestock Trailer Cleaning. The new sections will streamline the current permitting process by controlling certain activities by rule, thereby eliminating the need for a commission permit for specific wastewater discharge and waste handling activities. (Tom Weber).

Approve Publication and Hearing, RM/BM

Item carried forward from Agenda of November 1,

1995 and December 6, 1995.

Item 3. Docket No. 95- 1471- MWD. APPLICATION BY CITY OF ORANGE for an amendment to Permit No. 10626- 01 to authorize an increase in the 2- hour peak flow from 11,111 gallons per minute to 16,667 gallons per minute and to add Outfall 002 to monitor the 2- hour peak flow discharge above 11,111 gallons per minute to Adams Bayou. The proposed amendment will also authorize a variance to the buffer zone requirements. The wastewater treatment facilities are at 402 South 10th Street, between Jackson Street and Polk Avenue and approximately 1,800 feet west of Farm- to- Market Road 1006 (Border Street) in Orange County, Texas. The effluent from Outfall 002 will be discharged to Adams Bayou Tidal in Segment No. 0508 of the Sabine River Basin. The Commission will consider the application and hearing requests that have been filed on the application.

Issue Amendement to Permit as Agreed to by each party, RM/BM