BAKER
MARQUEZ - ABSENT
AGENDA
Wednesday, February 21, 1996
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35
UNCONTESTED (Miscellaneous)
Item 1. Docket No. 96-0287-MIS. Consideration of the issuance of a certificate to designate Loomis & Associates, Consulting Engineers, as a Texas STEP Partner in recognition of outstanding service in the Arroyo Colorado Estates (ACE) project. The Arroyo Colorado Estates community is located in Cameron County. (Sally Gutierrez).
Continued to February 28, 1996
CONTESTED (Industrial Waste Discharge, Affirm, Modify, or Set Aside Emergency Order)
Item 2. Docket No. 96-0263-IWD. The Commission will Affirm, Modify, or Set Aside Emergency Order issued to International Paper Company, at the commissions agenda of February 7, 1996.
Affirm, Emergency Order, JB/BM
CONTESTED (Petroleum Storage Tank Enforcement)
Item 3. Docket No. 96- 0246- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lamesa Butane Co., Inc. in Dawson County; PST Enforcement Identification No. E11320; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, JB/BM
Item 4. Docket No. 96- 0245- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lamesa Butane Co., Inc. in Dawson County; PST Enforcement Identification No. E11319; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, JB/BM
Item 5. Docket No. 96- 0251- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Jose Nieto in Hidalgo County; PST Enforcement Identification No. E11036; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mark Norman)
Issue Agreed Order, JB/BM
Item 6. Docket No. 96- 0112- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Man Mark, Inc., in Harris County; Enforcement Identification No. E10850; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Patricia Capps/Mick Wilson).
Issue Agreed Order, JB/BM
Item 7. Docket No. 96- 0234- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Mansoor Virani in Galveston County; Enforcement Identification No. E10919; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Patricia Capps/Mick Wilson).
Issue Agreed Order, JB/BM
Item 8. Docket No. 96- 0239- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Post Independent School District in Garza County; PST Enforcement Identification No. E11194; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, JB/BM
Item 9. Docket No. 96- 0240- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Crown Construction in Bexar County; PST Enforcement Identification No. E11215, for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, JB/BM
Item 10. Docket No. 96- 0242- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Diamond Shamrock Refining and Marketing Company in Bexar County; PST Enforcement Identification No. E11244; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, JB/BM
Item 11. Docket No. 96- 0241- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Crown Construction in Bexar County; PST Enforcement Identification No. E11217; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, JB/BM
Item 12. Docket No. 96- 0244- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lamesa Butane Co., Inc. in Dawson County; PST Enforcement Identification No. E11318; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, JB/BM
Item 13. Docket No. 96- 0243- PST- E. Consideration of an Agreed Order requiring certain actions of Ms. Eufemia C. Rodriquez in Webb County; PST Enforcement Identification No. E11292; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, JB/BM
CONTESTED (Public Water Supply Enforcement)
Item 14. Docket No. 95-0335-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of M.D. Williamson and Elizabeth M. Williamson DBA Raintree Lakes Water Company in Upshur County; PWS No. 2300013; for Public Water System violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural resource Conservation Commission. (Steve Shepherd/Sabelyn Pussman)
Remand to Executive Director, BM/JB
CONTESTED (State Implementation Plan)
Item 15. Docket No. 96- 0270- SIP. Consideration for publication and hearing on proposed amendments to 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, and revision of the State Implementation Plan. This action is in anticipation of the Governor's Executive Order that will direct the Texas Natural Resource Conservation Commission to implement a new plan for vehicle emissions testing to satisfy Federal Clean Air Act requirements and in response to the National Highway System Designation Act of 1995 (NHSDA) signed into law on November 28, 1995. (John Steib) (Rule Log #96104- 114- AI).
Reposted for February 28, 1996
EXECUTIVE SESSION
Item 16. Docket No. 96-0318-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 February 22, 1996
Item 17. Docket No. 96-0319-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 February 22, 1996
(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, February 21, 1996
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35
Item 18. Docket No. 96-0330-CON. Consideration of proposed interagency contract between the Department of Public Safety (DPS) and the Texas Natural Resource Conservation Commission (TNRCC) pertaining to $1.4 million start up costs for the Inspection/Maintenance program. This action suports the Governor's Executive Order that will direct TNRCC and DPS to implement a new plan for vehicle emissions testing to safisfy Federal Clean Air Act requirements.
Reposted for February 28, 1996
Item 19. Docket No. 96-0331-EXE. The Commission will meet in closed session to discuss and evaluate the duties, roles, and responsibilities of the Deputy Director of the Commission's Office of Policy and Regulatory Development pursuant to the Texas Open Meeting Act, Section 551.074, Chapter 551 of the Government Code. The Commission may also meet in Open Session to take action on this matter as required by the Open Meetings Act, Chapter 551 of the Government Code.
Continued to February 22, 1996
Item 20. Docket No. 96-0332-EXE. Consideration by the Commission of a proposed regulatory reform and rules revision project.
Continued to February 28, 1996
OLD BUSINESS AGENDA
Wednesday, February 21, 1996
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35
Item carried forward from Agenda of January 17, and January 24, 1996 and January 30, 1996 and February 7, 1996.
Item 1. 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 February 22, 1996
Item carried forward from Agenda of February 14, 1996.
Item 2. Docket No. 95-0197-MWD. The Commission will consider the motion for rehearing filed concerning the Commission's approval of the application by Daytop Village Foundation, Inc. for renewal of permit No. 13744-001 authorizing the discharge of 12,000 gpd of treated domestic wastewater in Anderson County, Texas and Segment No. 0804 of the Trinity River Basin.
Reposted for February 28, 1996
Item carried forward from Work Session of February 9, 1996.
Item 3. Consideration of issues related to Calculation of Administrative Penalties.
Continued to March 6, 1996
Item carried forward from Work Session of February 9, 1996.
Item 4. Consideration of issues related to Constraints on Enforcement Due to Federal Program Delegation/Authorization.
Continued to March 6, 1996
Item carried forward from Work Session of February 9, 1996.
Item 5. Consideration of issues related to Use of Bi-Lateral Compliance Agreements.
Continued to March 6, 1996
Item carried forward from Work Session of February 9, 1996.
Item 6. Consideration of issues related to Environmental Audits and Compliance Management Systems.
Continued to March 6, 1996
Item carried forward from Agenda of December 20, 1995.
Item 7. Docket No. 95- 1694- SLG. Commission will consider Motions for Reconsideration on a Beneficial Land Application (Registration Number 710718), issued by the Executive Director to Douglas M. Yarborough on September 1, 1995. (Sreenivasula Magunta)
Allow to Withdraw Without Prejudice, if request comes before the commission again, it is to go straight to SOAH, BM/JB