MCBEE
MARQUEZ
BAKER
AGENDA

Wednesday, March 27, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35

UNCONTESTED (Monthly Enforcement Report)

Item 1. Docket No. 96- 0416- 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

CONTESTED (Hearing Request)

Item 2. Docket No. 96- 0369- IWD.
LYONDELL PETROCHEMICAL COMPANY for an amendment to Permit No. 02481 to raise the maximum pH limitation for Outfall 002 from 9.0 standard units to 9.5 standard units. The permit currently authorizes a discharge of treated sanitary and process wastewaters and utility wastewaters at a volume not to exceed an average flow of 500,000 gallons per day via Outfall 001 and an intermittent, flow variable discharge of stormwater via Outfall 002, which will remain the same. The applicant operates a plant manufacturing high density polyethylene. The plant site is approximately three miles south of the Town of Wadsworth on the west side of State Highway 60 in Matagorda County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber)

Issue amendment to permit, JB/RM

Item 3. Docket No. 96- 0368- WR.
ALUMINUM COMPANY OF AMERICA to authorize construction and maintenance of two reservoirs on an unnamed tributary (Known locally as Country Club Creek) of East Yegua Creek, tributary of Yegua Creek, tributary of the Brazos River, Brazos River Basin. The reservoirs are to be a portion of the final reclamation of an area (referred to as "Area E") at the applicant's Sandow Surface Lignite Mine and after reclamation of the area complete, will be used for domestic and livestock purposes. The upstream reservoir, referred to as "North End lake" will be incised (no dam) and the downstream reservoir, referred to as "E- Area End Lake" will be created by a dam. E- Area End Lake will also function as a sediment pond for the reclaimed area until sediment control is no longer needed. North End Lake will be approximately 18.3 south of Cameron in Milam County, Texas. E Area Lake will be downstream of North End Lake and will be approximatley 18.9 miles south of Cameron in Milam County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Terry Slade)

Remand to Alternative Dispute Resolution, BM/JB

Item 4. Docket No. 96- 0377- MWD.
FALK- PETER LOSCHE for a permit (Proposed Permit No. 13806- 01) to authorize a discharge of 2,325 gallons per day in the interim phase and 3,500 gallons per day in the final phase. The wastewater treatment facilities will serve Fairview Mobile Home park. The wastewater treatment facilities are east of U.S. Route 75, one (1) mile south of the intersection of State Route 121 and U.S. Route 75 in Collin County, Texas. The Commission will consider the application and the hearing request that have been filed on the application. (Tom Weber)

Remand to Alternative Dispute Resolution and Report back on April 24, BM/JB

Item 5. Docket No. 96- 0379- IWD.
HI- PORT INCORPORATED for an amendment to Permit No. 01062 to remove effluent limitations for mercury at Outfall 001. The permit currently authorizes the discharge of washwater, boiler blowdown, and process area stormwater at a volume not to exceed an average flow of 115,000 gallons per day, which will remain the same. The applicant operates a packaging facility for a variety of organic compounds including automotive and industrial antifreeze; blended engine oils, hydraulic oils and transmission fluids; and agricultural chemicals. The plant site is at 409 E. Wallisville Road in the Community of Highlands, Harris County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber)

Continued to May 22, 1996

Item 6. Docket No. 96- 0378- MWD.
LAKEWAY MUNICIPAL UTILITY DISTRICT for a permit (Proposed Permit No. 11495- 05) to authorize the disposal of treated domestic sewage effluent by irrigation on 24.80 acres of land. The disposal volume is not to exceed an average of 60,000 gallons per day. Application rates for the irrigated land are not to exceed 2.7 acre- feet/acre/year. The applicant is also requesting a variance to the buffer zone requirements in accordance with 30 TAC Chapter 309.13 (e)(1)(B). The proposed treatment plant in this permit is currently in place and operating in parallel with an adjacent package plant permitted under Permit No. 11495- 03. No discharge of pollutants into the waters of the State is authorized by this permit. The wastewater treatment facilities are approximately 2.0 miles northwest of the intersection of Ranch Road 620 and Lohman's Crossing Road in Travis County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber)

Remand to Alternative Dispute Resolution with instructions to Alternative Dispute Resolution as to who the parties will be, BM/RM

Item 7. Docket No. 96- 0376- MWD.
MEADOWLAND UTILITY CORPORATION for a minor amendment to Permit No. 13632- 01 to decrease the discharge of treated domestic wastewater effluent from a volume not to exceed 100,000 gallons per day average to a volume not to exceed 23,400 gallons per day average. The wastewater treatment facilities are approximately 7,600 feet west of the intersection of State Highway 35 and the American Canal, approximately 1.9 miles north of the intersection of State Highway 6 and McCormick Street in Brazoria County, Texas. The Commission will consider that application and the hearing requests that have been filed on the application. (Tom Weber)

Issue Minor Amendment, RM/JB

Item 8. Docket No. 96- 0375- IWD.
GSE LINING TECHNOLOGY, INC. for an amendment to Permit No. 03402 to authorize an increase in the authorized discharge rate and renumber the outfalls. Currently, the permit authorizes a discharge of treated domestic wastewater and quench water at a volume not to exceed an average flow of 10,000 gallons per day via Outfall 001; a discharge of wastewater from reverse osmosis water treatment at a volume not to exceed an average flow of 3,000 gallons per day via Outfall 002; and an intermittent, flow variable discharge of stormwater via Outfall 003. The proposed amendment would authorize an intermittent, flow variable discharge of previously monitored effluents and stormwater via Outfall 001. The applicant operates a plastics forming company which manufactures plastic liner material used in landfills and surface water impoundments. The plant site is on the south side of Richey Road and approximately 1 mile east of the intersection of Richey Road and the Hardy Toll Road in the City of Houston in Harris County, Texas. (Tom Weber)

Continued to May 2, 1996

CONTESTED (Industrial Waste Discharge Enforcement) Item 9. Docket No. 94- 0397- IWD- E.
Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Edward Brown former owner of Water Science Technology, Inc. and current owner of Extraction Process, Inc. in Harris County; for Industrial Waste violations pursuant to the Texas Water Code Chapter 26 and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils).

Issue Agreed Order, RM/JB

CONTESTED (Municipal Waste Discharge Enforcement)

Item 10. Docket No. 95- 0298- MWD- E.
Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Donald V. Saia in Anderson County; Permit No. 13453- 001 (expired); for unauthorized discharge violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Henry\Lehmkuhle).

Issue Agreed Order, JB/BM

CONTESTED (Multi- Media Enforcement)

Item 11. Docket No. 95- 0989- MLM- E.
Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Department of Transportation; Wastewaster Permit No. 11326- 001 and Highway Maintenance Facility SWR Nos. 81427 and 68166; for Water Quality and Industrial and Hazardous Waste violatoins pursuant to Texas Water Code Section 26.121, Texas Health and Safety Code Chapter 361 and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils/Paul Sarahan).

Issue Agreed Order, BM/JB

CONTESTED (Air Quality Enforcement)

Item 12. Docket No. 96- 0214- AIR- E.
Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Albemarle Corporation in Harris County; Account No. HG- 0225- N; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Conservation Commission. (William C. Foster).

Issue Agreed Order, RM/BM

Item 13. Docket No. 96- 0216- AIR- E.
Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Best Bumper Supply in Dallas County; Account No. DB- 3614- I; 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. (Patricia Capps).

Issue Agreed Order, RM/BM

Item 14. Docket No. 96- 0249- AIR- E.
Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Del Monte Industries in Zavala County; Account No. ZB- 0004- N; 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. (Patricia Hershey).

Issue Agreed Order, RM/BM

Item 15. Docket No. 96- 0230- AIR- E.
Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Transamerican Natural Gas Corporation and TransTexas Transmission Corporation, a wholly owned subsidiary of TransTexas Gas Corporation in Webb and Zapata Counties, Texas; Account Nos. WE-0085-F,WE-0067-H and ZA-0009-O; 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. (Patricia Hershey).

Issue Agreed Order, RM/BM

Item 16. Docket No. 96- 0235- AIR- E.
Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cox Industries in Dallas County; Account No. DB- 0244- A; 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. (Patricia Hershey).

Issue Agreed Order, RM/BM

Item 17. Docket No. 96- 0250- AIR- E.
Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The Celotex Corporation in Houston, Harris County, Texas; Account No. HG- 0128- M; 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. (Lisa Uselton Dyar).

Issue Agreed Order, RM/BM

Item 18. Docket No. 96- 0221- AIR- E.
Consideration of an Agreed Order requiring certain actions of Cooper Rental Center in Tarrant County; Account No. TA- 2921- V; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Linda G. Sorrells).

Issue Agreed Order, RM/BM

Item 19. Docket No. 96- 0220- AIR- E.
Consideration of an Agreed Order requiring certain actions of Magnolia Coca- Cola in El Paso County; Account No. EE- 1316- G; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Linda G. Sorrells).

Issue Agreed Order, RM/BM

Item 20. Docket No. 96- 0219- AIR- E.
Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lloyd Ornamental Iron, Inc. in Gainesville, Cooke County, Texas; Account No. CV- 0103- E; 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. (Patricia Hershey).

Issue Agreed Order, RM/BM

Item 21. Docket No. 96- 0218- AIR- E.
Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of E- Z Serve Petroleum Marketing Company in El Paso County; Account No. EE- 1190- E; 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. (Patricia Capps).

Issue Agreed Order, RM/BM

Item 22. Docket No. 96- 0215- AIR- E.
Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Allen Butler Construction, Inc. in Lubbock County; Account No. 93- 0280- J; 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. (Patricia Capps).

Issue Agreed Order, RM/BM

Item 23. Docket No. 96- 0217- AIR- E.
Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bristol Resources Corporation in Wilson County; Account No. WL- 0057- H; 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. (Patricia Capps).

Issue Agreed Order, RM/BM

CONTESTED (Water Well Drillers Enforcement)

Item 24. Docket No. 96- 0352- WWD- E.
Consideration of an Order approving the fulfillment of a Consent and Waiver agreement of Mike Hayden in Harris County, for water well driller violations pursuant to the Texas Water Code Chapter 32 and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils).

Issue Consent and Waiver Agreement, RM/BM

Item 25. Docket No. 96- 0351- WWD- E.
Consideration of an Order approving the fulfillment of a Consent and Waiver agreement of Roman Gonzales in El Paso County; Texas Drillers License No. 2283W; for water well driller violations pursuant to the Texas Water Code Chapter 32 and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils).

Issue Consent and Waiver Agreement, RM/BM

Item 26. Docket No. 96- 0351- WWD- E.
Consideration of an Order approving the fulfillment of a Consent and Waiver agreement of Roman Gonzales in El Paso County; Texas Drillers License No. 2283W; for water well driller violations pursuant to the Texas Water Code Chapter 32 and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils).

No Action Taken, Submitted in Error

Item 27. Docket No. 96- 0359- WWD- E.
Consideration of an Order approving the fulfillment of a Consent and Waiver agreement of Pat Stockton in Taylor County; Texas Drillers License No. 1990W; for water well driller violations pursuant to the Texas Water Code Chapter 32 and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils).

Issue Consent and Waiver Agreement, RM/BM

Item 28. Docket No. 96- 0342- WWD- E.
Consideration of an Order approving the fulfillment of a Consent and Waiver agreement of Lonnie Coles in Anthony, New Mexico; Texas Drillers License No. 4817 WPT; for water well driller violations pursuant to the Texas Water Code Chapter 32 and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils).

Issue Consent and Waiver Agreement, RM/BM

Item 29. Docket No. 96- 0348- WWD- E.
Consideration of an Order approving the fulfillment of a Consent and Waiver agreement of Bobby Perez in Gaines County, Texas for water well driller violations pursuant to the Texas Water Code Chapter 33 and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils).

Issue Consent and Waiver Agreement, RM/BM

Item 30. Docket No. 96- 0347- WWD- E.
Consideration of an Order approving the fulfillment of a Consent and Waiver agreement of Tony Murchison in Bowie County; Texas Pump Installers License No. 4360PT; for water well driller violations pursuant to the Texas Water Code Chapter 32 and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils).

Issue Consent and Waiver Agreement, RM/BM

Item 31. Docket No. 96- 0343- WWD- E.
Consideration of an Order approving the fulfillment of a Consent and Waiver agreement of Carl W. Critendon, Jr. in Calhoun County; Texas Drillers License No. 1785WI; for water well driller violations pursuant to the Texas Water Code Chapter 32 and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils).

Issue Consent and Waiver Agreement, RM/BM

Item 32. Docket No. 96- 0344- WWD- E.
Consideration of an Order approving the fulfillment of a Consent and Waiver agreement of Abdul Gay Deen in Bowie County; Texas Drillers License No. 772WP; for water well driller violations pursuant to the Texas Water Code Chapter 32 and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils).

Issue Consent and Waiver Agreement, RM/BM

Item 33. Docket No. 96- 0357- WWD- E.
Consideration of an Order approving the fulfillment of a Consent and Waiver agreement of Joe McDearmon in Williamson County; Texas Drillers License No. 2334W; for water well driller violations pursuant to the Texas Water Code Chapter 32 and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils).

Issue Consent and Waiver Agreement, RM/BM

Item 34. Docket No. 96- 0351- WWD- E.
Consideration of an Order approving the fulfillment of a Consent and Waiver agreement of Roman Gonzales in El Paso County; Texas Drillers License No. 2283W; for water well driller violations pursuant to the Texas Water Code Chapter 32 and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils).

No Action Taken, Submitted in Error

CONTESTED (Motions for Rehearing, Motions for

Reconsideration)

Item 35. Docket No. 96- 0143- AGR.
The Commission will consider the Motions for Rehearing and Reconsideration filed by ACCORD Agriculture, Inc., concerning the Commission's order issued February 1, 1996 and the Executive Director's issuance on February 1, 1996 of Permit- by- Rule No. 03870 to Texas Farms, Inc. Permit- by- Rule No. 03870 authorizes the operation of a swine feeding facility that will be located on the north side of Ranch- to- Marked Road 281 and U.S. Highway 83 in Ochiltree County, Texas.

Deny Motion for Rehearing, JB/RM

Item 36. Docket No. 96- 0222- AGR. The Commission will consider the Motions for Rehearing and Reconsideration filed by ACCORD Agriculture, Inc. concerning the Commission's order issued February 12, 1996 and the Executive Director's issuance on February 12, 1996 of Permit- by- Rule No. 03876 to Texas Farms, Inc. Permit- by- Rule No. 03876 authorizes the operation of a swine feeding facility that will be located on the west side of Farm- to- Marked Road 2711 approximately four miles south of its intersection with Farm- to- Marked Road 377 in Ochiltree County, Texas.

Deny Motion for Rehearing, JB/RM

Item 37. Docket No. 96- 0153- AGR.
The Commission will consider the Motions for Rehearing and Reconsideration filed by ACCORD Agriculture, Inc. concerning the Commission's order issued February 12, 1996 and the Executive Director's issuance on February 12, 1996 of Permit- by Rule No. 03875 to Dean Paul for Paul Farms Site No. 1. Permit- by- Rule No. 03875 authorizes the operation of a swine feeding facility that will be located on an unpaved county road approximately one mile west from Farm- to- Marked Road 1267, approximately 3.8 miles north from the intersection of State Highway 15 and Farm- to- Marked Road 1267 in Ochiltree County, Texas.

Deny Motion for Rehearing, BM/JB

CONTESTED (State Implementation Plan)

Item 38. Docket No. 96- 0465- SIP
Consideration for publication of and hearing upon the proposed repeal of 30 TAC Chapter 114, Section 114.21 concerning the Employer Trip Reduction Program; and proposed revisions to the 1993 Rate- of- Progress State Implementation Plan (SIP) for the Dallas/Fort Worth, El Paso, Houston/Galveston and Beaumont/Port Arthur Ozone Nonattainment Areas, the Post- 1996 Rate- of- Progress SIP for the Beaumont/Port Arthur and Houston/Galveston Ozone Nonattainment Areas, the Section 818 Demonstration for the El Paso Nonattainment Area, the 1990 Base Year Emissions Inventory, and the Employer Trip Reduction SIP. The SIP revisions would satisfy various requirements of the Clean Air Act Amendments of 1990. (Liz Johnson and Thomas Ortiz) (Rule Log #95155- 114- AI, 96109, 96110, 96111, 96112, 96113- SIP- AI).

Proceed to Publication and Hearing on repeal of State Implementation Plan as recommended by staff, BM/JB

CONTESTED (Rules)

Item 39. Docket No. 96- 0429- RUL.
Consideration for publication of and hearing on proposed new 30 TAC Section 7.101, concerning a Memorandum of Understanding between the Texas Natural Resource Conservation Commission (TNRCC) and the Texas Department of Commerce (TDOC). (Lisa Evans)(Rule Log #95169- 007- AD).

Proceed with publication and hearing with changes as recommended by Chairman McBee, BM/RM

Item 40. Docket No. 95- 115- RUL. Consideration for adoption of amendments to 30 TAC Chapter 116, Subchapter F, Sections 116.610, 116.617, and new 116.620 and 116.621, concerning Standard Permits; and the State Implementation Plan. The amended sections and new Section 116.620 eliminate duplicative language and renumber the standard permit for oil and gas facilities. The new Section 116.621 establishes a standard air permit for municipal solid waste landfills. The proposals were published in the Texas Register on October 6, 1995 (20 TexReg 8168). (Gus Eghneim)(Rule Log #95103- 116- AI)

Adopt Amendments as recommended, RM/BM

Item 41. Docket No. 95- 1416- RUL
Consideration for adoption of new 30 TAC Chapter 333, Subchapter A, Sections 333.1- 333.11, concerning Voluntary Cleanup Program Section. If adopted the new rules would establish definitions and publci notice requirements, clarify statutory requirements, and set forth remediation standards for the Voluntary Cleanup Program. The proposed rule was published in the November 7, 1995, issue of the Texas Register (20 TexReg 9255) (Charles Epperson) (Rule Log #95145- 333- WS)

Adopt as Recommended, RM/BM

Item 42. Docket No. 96- 1683- RUL.
Consideration for adoption of repeal of 30 TAC Chapter 120, Subchapter B, concerning Pollution Prevention Requirements: Source Reduction and Waste Minimization. This repeal would eliminate duplication of rules in 30 TAC Chapter 335, Subchapter Q, concerning Industrial Solid Waste and Municipal Hazardous Waste. The proposal was published in the Texas Register on January 2, 1996 (21 TexReg 21). (Lisa Evans)(Rule Log #95174- 120- AI).

Adopt Repeal as Recommended, RM/BM

CONTESTED (Miscellaneous)

Item 43. Docket No. 96- 0468- MIS.
Consideration of minority hiring by the Commission, including consideration of minority statistics, policies and procedures.

Support Staff in Accomplishing Goals as set forth in the 10. work force, BM/RM

EXECUTIVE SESSION

Item 44. Docket No. 96- 0469- EXE.
THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL 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 Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting 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

Item 45. Docket No. 96- 0470- EXE.
THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. 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, March 27, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35

Item 46. Docket No. 96- 0489- CON.
Consideration of authorizing the Executive Director to spend up to $1.5 million to enter into a contract and exercise contract options. Contract is for regulatory oversight of leaking petroleum storage tank sites for the Responsible Party Remediation Section of the Petroleum Storage Tank Division. (Greg Pfeifer & Anne Miller)

Continued to April 3, 1996

Item 47. Docket No. 96- 0490- RUL.
Consideration for publication of and a hearing on proposed amendments to Chapter 291, concerning water rates. If approved, these proposed amendments would allow the implementation of a previously approved temporary water rate during times of mandatory water use reductions and would update references, conform the rules to a recent statutory change and correct typographical errors. (Steve Blackhurst)

Continued to April 3, 1996

OLD BUSINESS AGENDA

Wednesday, March 27, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35

Item carried forward from Agenda of February 28, 1996.

Item 1. Docket No. 96- 0260- IWD.
APPLICATION BY TEMPLE- INLAND FOREST PRODUCTS CORPORATION for an amendment to Permit No. 01820 to authorize the removal of flow limitations from outfalls which are substantially influenced by rainfall runoff. The proposed amendment would also add (Outfall 003) to monitor the intermittent, flow variable discharge of stormwater runoff. The applicant operates an integrated forest products complex. The plant site is north of Farm- to- Market Road 2426 approximately 1/4 mile east of the intersection of Farm- to- Market Road 2426 and Farm- to- Market Road 1 in the City of Pineland, Sabine County, Texas. The treated effluent is discharged into Little Sandy (Gross) Creek; thence to Pomponeau Creek; thence to Sam Rayburn Reservoir in Segment No. 0610 of the Neches River Basin. The Commission will consider the application and hearing requests that have been received on the application. (Bob Sweeney/Tom Weber)

Issue Amendment, RM/BM

Item carried forward from Agenda of March 6, 1996.

Item 2. Docket No. 95- 1412- RUL.
Consideration of adoption of a new 30 TAC, Chapter 324, relating to Used Oil; repeal of 30 TAC, Chapter 330, Subchapter Z, relating to household used oit recycling, and reimbursement of used oil collection centers; and amendments to 30 TAC, Chapter 335, relating to used oil management. If adopted, the amendments would put most used oil recycling requirements of 40 CFR Part 279. The proposed amendments were published in the October 31, 1995 and the October 27, 1995 issues of the Texas Register (20 TexReg 8970 and 20 TexReg 8894, respectively). (Hygie Reynolds)

1. Adopt the repeal of 30 TAC 330 1141- 1152

2. Adopt the repeal of 330 1170 - 1174

3. Adopt New 30 TAC Chapter 324 Subchpater A with the exception of Section 324.11 Subsection 3 and 324.21 the ED recommends remand to those exceptions back to staff. 4. Adopt amendments to 335.6, 335.41, 335.78, 335.221, 335.504.

5. Continue 30 TAC Subchapter B, March 27, 1996.

Continued to April 24, 1996

Item carried forward from Agenda of March 6 and March 20, 1996.

Item 3. Docket No. 96- 0422- RPT.
Consideration of issues related to National Pollutant Discharge Elimination system (NPDES) delegation, including issues regarding public participation in the administrative process, the Texas Private Real Property Rights Preservation Act, and the Texas Environmental, Health, and Safety Audit Privilege Act.

Continued to April 3, 1996

Item carried forward from Agenda of March 20, 1996.

Item 4. Docket No. 96- 0451- 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 April 3, 1996

Item carried forward from Agenda of March 20, 1996.

Item 5. Docket No. 96- 0484- MIS.
Consideration of the structure and organization of the agency's citizen assistance related functions, including Alternative Dispute Resolution, Border Affairs and Environmental Equity, Local Government Assistance, Ombudsman, Pollution Prevention and Recycling, Public Interest Counsel, Small Business Assistance Program, Superfund Community Relations/Public Meetings Unit.

Continued to April 3, 1996

Item carried forward from Agenda of March 20, 1996.

Item 6. Docket No. 96- 0483- EXE.
The Commission will meet in closed session to deliberate the appointment, employment, reassignment, and duties of the Director of the Alternative Dispute Resolution Office, the Director of the Border Affairs and Environmental Equity Office, the Manager for the Border Affairs, the Managers for Environmental Equity, the Director of the Local Pollution Prevention & Recycling Office, the Public Interest Counsel, the Small Business Advocate, and the Manager of the Superfund Community Relations/Public Meetings Unit. The authority for the closed session is Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. The Commission may also meet in open session to take action on these matters, as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.

Continued to April 3, 1996