MCBEE - Absent 15, 14
MARQUEZ
BAKER

CONTESTED AGENDA

Thursday, May 2, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

10:00 A.M.
Bldg E. Room 201S
12118 N. Interstate 35

UNCONTESTED (Class 2 Modification to Hazardous Waste Permit)

Item 1. Docket No. 96-0685-IHW. Consideration of an application by ROLLINS ENVIRONMENTAL SERVICES (TX), INC. for a Class 2 permit modification to Permit No. HW-50089-001 in accordance with 30 TAC Section 305.69. The permit authorizes operation of a commercial industrial and hazardous waste storage, processing, and disposal facility. The permit modification will authorize the continued management of sixty-four (64) newly listed Carbamate hazardous wastes. The facility is located at 2027 Battleground Road in Deer Park, Harris County, Texas. (Kari Bourland)

Issue Calss 2 Modification, RM/JB

CONTESTED (Hearing Request)

Item 2. Docket No. 96-0540-AIR. Recycled Aggregates,Inc. for an application to authorize relocation of a permitted (Air Quality Permit No. 28841B) facility for a concrete and rock crusher. The facility is located two miles south of FM 1810 on Highway 101 in Chico, Wise County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Vic Ramirez)

Continued to July 10, 1996

Item 3. Docket No. 96-0541-AIR. Recycled Aggregates, Inc. for an application to authorize relocation of a permitted (Air Quality Permit No. 28490B) facility for a concrete and rock crusher. The facility is located at 10631 C.F. Hawn Freeway, Dallas, Dallas County, Texas. The commission will consider the application and the hearing requests that have been filed on the application. (Vic Ramirez)

Continued to July 10, 1996

CONTESTED (On-Site Sewage Investigation)

Item 4. Docket No. 96- 0546- OSI- E. Consideration of Agreed Order requiring certain actions of Raymond Pierson, Certificate No. 3570: for Health and Safety Code violations pursuant to the Code and the rules of the Texas Natural Resource Conservation Commission. (30 TAC Chapter 285.107) (Raymond Winter)

Issue Agreed Order, JB/BM

Item 5. Docket No. 96- 0547- OSI- E. Consideration of Agreed Order requiring certain actions of Rudy Ramirez, Certificate No. 1836: for Health and Safety Code violations pursuant to the Code and the rules of the Texas Natural Resource Conservation Commission. (30 TAC Chapter 285.107) (Raymond Winter)

Issue Agreed Order, JB/BM

CONTESTED (Municipal Waste Discharge Enforcement)

Item 6. Docket No. 96- 0264- MWD- E. Consideration of an Agreed Order Assessing Administrative Penalties and requiring certain actions of the City of Glen Rose in Somervell County; Permit No. 10177- 001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)

Issue Agreed Order, RM/JB

Item 7. Docket No. 96- 0265- MWD- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Alto in Cherokee County, Permit No. 10546- 001, for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle/Guy Henry)

Issue Agreed Order, RM/JB

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 8. Docket No. 96- 0337- IHW- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Fini Enterprises, Incorporated in Collin County; Solid Waste Registration No. 38652; for industrial & solid waste violations pursuant to the Texas Health & Safety Code, the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Ann Foster).

Issue Agreed Order, RM/JB

Item 9. Docket No. 95- 0572- IHW- E. Consideration of a Default Order requiring certain actions of Mr. Jesus De La Llata in Cameron County; SWR No. 81053; for Industrial & Hazardous Waste violations pursuant to Chapter 26 of the Texas Water Code, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Patricia Capps).

Continued to May 15, 1996

Item 10. Docket No. 95- 1135- IHW- E. Consideration of an Agreed Order assessing administrative penalties against Carl Pool Corporation and consideration of an Agreed Order requiring certain actions of Nolan R. Williamson for industrial and hazardous waste violations pursuant to the Solid Waste Disposal Act, TEX. HEALTH AND SAFETY CODE ANN., Chapter 361 (Vernon 1992) and Texas Water Code, TEX. WATER CODE ANN., Chapter 26 (Vernon 1988 and Supp. 1994); SWR No. 82291; SOAH Docket No. 582- 95- 1041. (McWherter).

Issue Agreed Order, RM/BM

CONTESTED (Rules)

Item 11. Docket No. 96- 0581- RUL. Consideration for publication of and hearing on a proposed new 30 TAC Chapter 106, concerning Exemptions from Permitting, Subchapter A, concerning General Provisions and Subchapter B, concerning Changes at Permitted Facilities. The proposed rules will establish the general requirements for exemptions from permitting in the restructured framework. (Jim Dodds) (Rule Log No. 96122- 106- AI).

Continued to May 15, 1996

Item 12. Docket No. 96- 0580- RUL. Consideration for publication of and hearing on a proposed new 30 TAC Chapter 106, Section 106.102, regarding Comfort Heating. The proposed rule would create a new Section 106.102, which is a recodification of current Standard Exemption Number 3, with changes to allow for burning distillate fuel oil (containing less than 0.3% sulfur) and to allow for the burning of used oil in comfort space heaters if certain distance and firing rate limitations are met. (Jim Dodds) (Rule Log Number 96121- 106- AI)

Continued to May 15, 1996

Item 13. Docket No. 95- 0695- RUL. Consideration for publication of and hearing on 30 TAC Chapter 39, concerning Public Notice. If adopted, the new chapter would centralize and clarify many of the public notice requirements of the commission. (Richard S. O'Connell) (Rule Log No. 96124- 039- AD)

Continued to May 15, 1996

Item 14. Docket No. 95- 0226- RUL. Consideration of the repeal of 30 TAC Chapters 261, 263, 264, 265, 275, 337, 339, 341, and 345; adoption of amendments to Chapters 305 and 340; and adoption of new Chapters 1, 3, 5, 10, 20, 40, 50, 55, 70, 80, and 86, concerning the procedural rules of the agency. If approved, the proposal would continue the ongoing project to reorganize, clarify, and consolidate the Texas Natural Resource Conservation Commission's procedural rules. The proposed rules were published in the February 20, 1996 and March 19, 1996 issues of the Texas Register (21 TexReg 1349 and 2122). (Randall Terrell) (Rule Log No. 95123- 263- AD)

Adopt repeal of subchapters 261c, 263c, 265H and 264.20 and continued other rules until May 8, 1996. RM/JB

CONTESTED (Motion for Reconsideration)

Item 15. Docket No. 96-0596-AIR. Consideration of Kenneth L. Berry's request for reconsideration and appeal of the Executive Director's issuance on November 27, 1995 of Air Quality Permit No. 6952A to Haas-Adnerson Construction, Inc. The permit authorizes the relocation of an existing permitted asphalt concrete plant to Hopkins Road and Corn Products Road in Corpus Christi, Nueces County. (Kevin Jung/Dois Webb).

Deny Request for Reconsideration due to lack of jurisdiction, RM/JB

EXECUTIVE SESSION

Item 16. Docket No. 96-0696-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.

No Action Taken

Item 17. Docket No. 96-0697-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.

No Action Taken

Item 18. Docket No. 95-1360-IHW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of City Foundry in Bexar County; SWR No. 83386; for industrial & hazardous waste violations pursuant to Chapters 5 and 26 of the Texas Water Code, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Paul Sarahan)

Issue Default Order, RM/BM

Item 19. Docket No. 96-0786-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Ombudsman as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government code. The Commission may also meet in open session to take action on this matter.

Continued to May 8, 1996

Item 20. Docket No. 96-0785-RUL. Consideration for publication of proposed amendment to 30 TAC Chapter 327, concerning Spill Prevention and Control. The proposed amendment would remove the general exemption for spills occurring during transportation, but would allow the exemption for certain written reports. (Clark Talkington/Marianne Baker) (Rule Log No. 95091-327-WS)

Publish amendments as recommended by staff, RM/BM

(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.

AGENDA

Thursday, May 2, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
Room 201S, Bldg E.
12118 N. Interstate 35

Item 1. SOAH Docket No. 582-95-1082; TNRCC Docket No. 95-0716-PST-E. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the petition of Executive Director of TNRCC for an order assessing penalities against Jim Water Oil Co., Inc., and Wafer, Inc., and requiring certain actions. Penalty Requested: $73,950. Recommendation: Issuance of Permit. (Rogan)

Adopt Administrative Law Judge's Proposal for Decision and Issue Order and the transcipt of 50% of cost be allocated between Executive Director and Entity, JB/RM

Also Administrative Law Judge's Recommendation should have read: Assessment of Penalties.

OLD BUSINESS AGENDA

Thursday, May 2, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

10:00 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35

Item carried forward from agenda of March 27, 1996.

Item 1. 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 June 12, 1996

Item carried forward from Agenda of April 17, 1996.

Item 2. Docket No. 95-1315-IWD. Consideration of ALJ's Proposal for Decision and Order concerning the application of Exxon Corporation, Exxon Company, U.S.A. for a renewal of permit no. 00592 to authorize the discharge of 30 mgd of treated industrial wastewater effluent in Harris County, Texas, and segment no. 1005 of the San Jacinto River Basin. Recommendation: Issuance. (Elizabeth Todd)

Continued to May 15, 1996.

Item carried forward from agenda of April 24, 1996.

Item 3. Docket No. 96- 0603- RUL. Consideration for publication and hearing upon proposed amendments to 30 TAC Chapter 117, regarding Phased Nitrogen Oxides Reasonably Available Control Technology, and revisions to the State Implementation Plan regarding these proposed amendments. If adopted, the proposed amendments would revise Section 117.540 to be consistent with the Chapter 117 final compliance date of May 31, 1999, and allow the use of clean fuel vehicle credits to meet Chapter 117 requirements on an interim basis. (Mike Magee) (Rule Log No. 95158- 117- AI)

Approved for publication and hearing, RM/BM

Item carried forward from agenda of April 24, 1996.

Item 4. TNRCC Docket No. 95- 1299- AIR; SOAH Docket No. 582- 95- 1031. The Commission will consider the motion for rehearing filed concerning the application by Sonntag Trucking Company for air standard exemption No. 29014 to authorize the construction of a concrete batch plant in Denton County. On February 7, 1996, the Commission considered a Judge’s proposal for decision, and approved the application. The Commission order was mailed on March 13, 1996

Continued to May 29, 1996