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.
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
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