MCBEE

MARQUEZ - ABSENT FOR OB #1, Item 1-20, Items 30, 33, 34, 36, 37

BAKER

AGENDA

Wednesday, January 17, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 1. Docket No. 96- 0115- IHW- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Eldorado Chemical Company, Inc., Bexar County, S.W.R. No. 31164; for violations of the Texas Solid Waste Disposal Act and the rules of the Texas Natural Resource Conservation Commission. (Laura Ray).

Continued to January 24, 1996

CONTESTED (Air Quality Enforcement)

Item 2. Docket No. 96- 0006- AIR- E. Consideration of an Agreed Order requiring certain actions of Clarke Products, Incorporated; Grand Prairie, Tarrant County; Account No. TA- 0671- M; 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, JB/BM

Item 3. Docket No. 96- 0018- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of River Trails Land & Cattle Company in Tarrant County; Account No. TA- 2570- F; 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, JB/BM

Item 4. Docket No. 96- 0020- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of W.R. Meadows of Texas, Inc. in Tarrant County; Account No. TA- 1014- B; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Greg Warmink).

Issue Agreed Order, JB/BM

Item 5. Docket No. 96- 0007- AIR- E. Consideration of an Agreed Order requiring certain actions of Delhi Gas Pipeline Corporation in Freestone County; Account No. FI- 0028- G; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Paul Sarahan).

Issue Agreed Order, JB/BM

Item 6. Docket No. 96- 0005- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Champion International Corporation in Angelina County; Account No. AC- 0017- B; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Greg Warmink).

Issue Agreed Order, JB/BM

Item 7. Docket No. 96- 0011- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Intercontinental Terminals Co. in Harris County; Account No. HG- 0403- N; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Greg Warmink).

Issue Agreed Order, JB/BM

Item 8. Docket No. 96- 0031- AIR- E. Consideration of an Agreed Order requiring certain actions of Texas Lime Company in Johnson County; Account No. JH- 0045- I; 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, JB/BM

Item 9. Docket No. 95- 1058- AIR- E. Consideration of an Agreed Order requiring certain actions of Able Management Company, formerly known as Able Services, and Heavenly Holdings Trust in Tarrant County; Account No. TA- 2514- P; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Greg Warmink).

Issue Agreed Order, JB/BM

Item 10. Docket No. 96- 0028- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Apache Energy Resources Corporation in Ector County; Account No. EB- 0031- T; 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. (Peter Gregg).

Issue Agreed Order, JB/BM

Item 11. Docket No. 96- 0016- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Occidental Chemical Corporation; Alvin, Brazoria County; Account No. BL- 0013- 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. (Lisa Uselton Dyar).

Issue Agreed Order, JB/BM

Item 12. Docket No. 96- 0015- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Muenster Milling Company, Inc. in Cooke County; Account No. CV- 0021- H; 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).

Continued to January 24, 1996

Item 13. Docket No. 96- 0022- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of White's Motor Company in Tarrant County; Account No. TA- 1176- U; 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. (Peter Gregg).

Issue Agreed Order, JB/BM

Item 14. Docket No. 95- 1522- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Compuroute, Inc. in Dallas County; Account No. DB- 3666- M; 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. (Peter Gregg).

Issue Agreed Order, JB/BM

Item 15. Docket No. 96- 0008- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Discount Motors in Tarrant County; Account No. TA- 1125- AO; 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. (Peter Gregg).

Issue Agreed Order, JB/BM

Item 16. Docket No. 96- 0004- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The Carpark in Arlington in Tarrant County; Account No. TA- 3008- F; 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. (Peter Gregg).

Issue Agreed Order, JB/BM

Item 17. Docket No. 96- 0013- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Landmark Auto Sales and Service in Tarrant County; Account No. TA- 2975- V; 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. (Peter Gregg).

Issue Agreed Order, JB/BM

Item 18. Docket No. 96- 0012- AIR- E. Consideration of an Agreed Order requiring certain actions of J.R. Sales; Buda, Hays County; Account No. HK- 0082- S; 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, JB/BM

Item 19. Docket No. 96- 0002- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Big Tex's Auto Mart in Dallas County; Account No. DB- 3958- T; 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. (Peter Gregg).

Issue Agreed Order, JB/BM

Item 20. Docket No. 96- 0019- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sterling Chemicals, Inc.; Texas City, Galveston County; Account No. GB- 0060- 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, JB/BM

Item 21. Docket No. 96- 0010- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of H.L. Merrill and Son Construction Company, Inc.; Flower Mound, Denton County; Account No. 90- 9742- 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, JB/BM

Item 22. Docket No. 96- 0003- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Byford's Used Cars in Dallas County; Account No. DB- 2796- F; 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. (Patricia Hershey).

Issue Agreed Order, JB/BM

Item 23. Docket No. 96- 0021- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of West Pallet Company in McLennan County; Account No. MB- 0285- B; 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, JB/BM

Item 24. Docket No. 96- 0009- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Golden Touch in Dallas County; Account No. DB- 3509- G; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (William Foster).

Issue Agreed Order, JB/BM

Item 25. Docket No. 96- 0001- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of ARCO Permian (formerly ARCO Oil and Gas Company) in Yoakum County; Account No. YA- 0050- L; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (William Foster).

Issue Agreed Order, JB/BM

Item 26. Docket No. 96- 0017- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Price Construction, Inc. in Glasscock and Howard Counties; Account Nos. 923282S (formerly HT- 0024- H), 907901D, and 905828C; 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, JB/BM

Item 27. Docket No. 96- 0014- AIR- E. Consideration of an Agreed Order requiring certain actions of Mesquite Products of Texas, Inc. in Comal County; Account No. CS- 0087- F; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe).

Issue Agreed Order, JB/BM

CONTESTED (Rule)

Item 28. Docket No. 95-1408-Rul. Consideration for adoption of the repeal of 30 TAC Chapter 330, Subchapter O, §330.568, and amendments to §§330.561-330.567, and new §§330.568-330.569, concerning the development of regional and local solid waste management plans. If adopted, the rules would establish procedures and requirements for the distribution of municipal solid waste disposal fee revenue to regional planning agencies, and establish a requirement to include an inventory of existing and closed landfills in regional and local solid waste management plans. The proposal was published in the October 20, 1995 issue of the Texas Register (20 TexReg 8310). (Dan Eden)

Continued to January 30, 1996

CONTESTED (Motion for Reconsideration)

Item 29. Docket No. 96-0147-DIS. Consideration of the Executive Director's order issued December 7, 1995 authorizing Harris County Municipal Utility District No. 153 to adopt and impose a standby fee. The applicant received approval under the Executive Director's order to levy non-uniform annual standby fees to supplement the debt service and operations and maintenance accounts in the amounts of $386,384 and $130,870, respectively. The Commission will also consider any timely filed Motions for Reconsideration. (Robert Ferguson)

Affirm Executive Directors Action, with effective date of December 7, 1995. BM/JB

CONTESTED (CAFO Permit)

Item 30. Docket No. 96-0143-AGR. Consideration of the timely filed Requests for Commission Review concerning the Executive Director's determination that no comments submitted concerning the application by Texas Farms, Inc. for authorization No. 03870 demonstrated technical merit. The application by Texas Farms, Inc. seeks authorization, pursuant to Subchapter K of the Chapter 321 of TNRCC rules, to operate a new swine feeding facility confining a maximum of 22,862 head and generating, collecting, and treating animal waste and wastewater on-site. The proposed facility is located on the north side of Ranch-to-Market Road 281 approximately four (4) miles west of the intersection of Ranch-to-Market 281 and U.S. Highway 83 in Ochiltree County in the drainage area of Wolf Creek in Segment #0104 of the Canadian River Basin.

Commission determined that no comments submitted demonstrated technical merit, JB/BM

CONTESTED (Administrative Law Judge's Proposal for Decisions)

Item 31. Docket No. 95- 1129- PST- E; SOAH Docket No. 582- 95- 1632. Consideration of the Administrative Law Judge's Proposal for Decision & Order concerning the Executive Director's Petition for an Order Assessing Administrative Penalties and Requiring Certain Action of J. M. Craven for a facility located in Gonzales, Gonzales County, Texas. Penalty Requested $21,600. Recommendation: Issuance of Order ALJ: Cynthia G. Hayes

Adopt Administrative Law Judge's Proposal for Decision and Issue Order, RM/BM

Item 32. Docket No. 95- 1543- IHW; SOAH Docket No. 582- 95- 1635. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning request by West Dallas Coalition for Environmental Justice for hearing on the application of Heat Energy Advanced Technology, Inc. for renewal of Permit No. HW- 50029 in Dallas County. Recommendation: Granting of hearing request. ALJ: Bill Zukauckas

Deny Administrative Law Judge's Proposal for Decision, General Counsel will draft an order, RM/JB

EXECUTIVE SESSION

Item 33. Docket No. 96-0148-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.

Continued to January 18, 1996 at 1:30 p.m.

Item 34. Docket No. 96-0149-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.

Continued to January 18, 1996 at 1:30 p.m.

(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.

OLD BUSINESS AGENDA

Wednesday, January 17, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of November 16, 1995 and December 6, 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).

Remand to Executive Director, BM/JB

ADDENDUM TO AGENDA

Wednesday, January 17, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 36. Docket No. 95-1550-IWD. The Commission will evaluate the motion for rehearing filed concerning the application by Everest Exploration, Inc. for renewal of wastewater discharge permit no. 02945. The permit concerns the Mount Lucas Project, an in-situ uranium mining facility which is currently in the post mining period. The facility is in Live Oak County. On November 22, 1995, the Commission issued an order which denied a request for hearing concerning the application, and approved the draft permit prepared by the Executive Director.

Continued to January 24, 1996 and extend time for commission action until February 16, 1996., BM/JB

Item 37. Docket No. 96-0188-EXE. The Commission will meet to consider issues with regard to establishing certain guiding principles for the conduct of Commission business.

Continued to January 24, 1996