UNCONTESTED (Program Reports)

Item 1. Docket No. 96-0963-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/Paul Sarahan).

No Action Required

CONTESTED (Hearing Request)

Item 2. DOCKET NO. 96-0861-WR. JOHN H. BURRIS and wife, EDITH L. BURRIS, Application No. 4594A to amend Permit No. 4271 pursuant to 11.122, Texas Water Code, and TNRCC Rules 30 TAC 295.1, et seq. Permit No. 4271 was issued 1-10-86 and authorized maintenance of an existing dam and reservoir on Lattas Creek, tributary of San Fernando Creek, tributary of Callo Del Grullo, tributary of Baffin Bay, Nueces-Rio Grande Coastal Basin, and impoundment of not to exceed 1.67 acre feet of water in the reservoir. Permittees were also authorized to divert and use not to exceed 150 acre-feet of water per annum from the perimeter of the reservoir and from two specific points on Lattas Creek at a maximum combined rate of 1.23 cfs (550 gpm) to irrigate 120 acres of land in Jim Wells County, approximately 4 miles southeast of Alice, Texas. A special condition in the permit states permit was issued subject to availability of water from sewage effluent in Lattas Creek and subject to re-examination should the wastewater plant(s) cease or reduce discharge into Lattas Creek. Applicants are seeking authorization to increase the authorized diversion and use of irrigation water from 150 acre-feet to 240 acre-feet per annum, and to increase the combined maximum diversion rate from 1.23 cfs (550 gpm) to 1.67 cfs (750 gpm). The Commission will consider the application and the hearing requests that have been filed on the application. (Lann Bookout/Irene Montelongo)

Deny Hearing Request and Issue Permit, RM/BM

Item 3. DOCKET NO. 96-0869-MWD. TOWN OF OAK RIDGE for renewal of Permit No. 13514-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 37,500 gallons per day. The Town of Oak Ridge Wastewater Treatment Plant is approximately 1700 feet south of U.S. Highway 82 and approximately 9800 feet west of Farm-to-Market Road 678 in Cooke County, Texas. The Commission will consider the application and the hearing requests filed on the application. (Tom Weber/Bob Sweeney)

Continued to July 24, 1996

Item 4. DOCKET NO. 96-0867-MWD. ROBERT E. PINE for a permit (Proposed Permit No. 13735-01) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 21,000 gallons per day. The proposed wastewater treatment facility will serve the residents of the Willow Manor Mobile Home Park. The wastewater treatment facilities are approximately 2.8 miles north of the intersection of State Highway 6 and County Road 48 and 0.3 mile south of American Canal on County Road 48 in Brazoria County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Bob Sweeney)

No Action Required, Submitted in Error

Item 5. DOCKET NO. 96-0868-MWD. CITY OF LAMPASAS for renewal of Permit No. 10205-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 500,000 gallons per day. The Sulphur Creek Wastewater Treatment Plant is approximately one mile northeast of the intersection of U.S. Highway 190 and U.S. Highway 183 on the south side of Sulphur Creek near the east end of Creek Street in the City of Lampasas in Lampasas County, Texas. The Commission will consider the application and the hearing requests filed on the application. (Tom Weber/Bob Sweeney)

Remand to State Office Administrative Hearing on Merits and directed the ADR to Continue Mediation. Hearing to be held in Lampasas, JB/BM

Item 6. DOCKET NO. 96-0882-IWD. KOCH AGRICULTURE COMPANY, INC. for an amendment to Permit No. 01439 to authorize an increase in the number of head located at the cattle feedlot from 40,000 head to a maximum of 50,000 head to reflect the actual operating capacity of the feedlot. The waste treatment facilities include 18 existing storage ponds for waste and wastewater retention. Wastewater is disposed on-site by evaporation and irrigation on 120 acres of agricultural land. Waste is disposed off-site by the use of contract haulers. No discharge of pollutants into the waters of the State is authorized by this permit. The cattle feedlot is on the east side of SPUR 331 approximately 0.25 mile northwest of the intersection of SPUR 331 and U.S. Highway 84 in Lubbock, Lubbock County, Texas. The Commission will consider the application and hearing requests and protests that have been filed on the application. (Tom Weber/Bob Sweeney)

Continued to July 24, 1996

Item 7. DOCKET NO. 96-0726-MWD. EAST CEDAR CREEK FRESH WATER SUPPLY DISTRICT for an amendment to Permit No. 11890-01 to authorize an increase in the disposal volume of treated domestic wastewater effluent from 40,000 gallons per day average to 200,000 gallons per day average. The proposed permit amendment also requires a minimum irrigation area of 102 acres. Application rates for the irrigated land shall not exceed 2.19 acre-feet/acre/year. No discharge of pollutants into the waters of the State is authorized by this permit. The wastewater treatment facilities and the disposal site are approximately 6 miles south of Mabank, Texas on State Highway 198, then 0.8 miles south of Enchanted Drive to the plant entrance in Henderson County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Bob Sweeney)

Remand to State Office Administrative Hearings, RM/BM

Item 8. DOCKET NO. 96-0872-IWD. TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Coffield Unit for an amendment to Permit No. 01807 which authorizes the disposal of waste and wastewater from a swine, poultry and dog operations. The proposed amendment will increase the number of swine at the swine farrowing and feeding operation from 4,000 to 6,509. Also, the permit currently authorizes a 2,000 head swine feeder slab; 50,400 chickens; and 84 head dog kennel, which will remain the same. Wastewater is beneficially used on-site at each operation. Waste from the swine, poultry and dog operations is beneficially used on 10,000 acres of agricultural land located on-site. No discharge of pollutants into the waters of the State is authorized by this permit. The operation is at the southwest end of Farm-to-Market Road 2054 approximately 3.5 miles southwest of its intersection with Farm-to-Market Road 321 in Tennessee Colony in Anderson County, Texas. The Commission will consider the application and the protests that have been filed on the application. (Tom Weber/Bob Sweeney)

Remand to Alternative Dispute Resolution, BM/RM

Item 9. DOCKET NO. 96-0873-IWD. EXXON CHEMICAL ASSET MANAGEMENT PARTNERSHIP for an amendment to Permit No. 02184 to authorize an increase in the discharge volume for Outfall 001 and add waste streams to the various outfalls. The permit currently authorizes a discharge of demineralize backwash effluent at a volume not to exceed an average flow of 490,000 gallons per day via Outfall 001 plus intermittent, flow variable discharges of stormwater via Outfall 002. The proposed amendment would authorize: (1) a discharge of cooling tower blowdown, neutralization pit water/demineralize backwash, stormwater and previously monitored effluent at a volume not to exceed an average flow of 987,000 gallons per day; and (2) an intermittent, flow variable discharge of stormwater and the emergency discharge of wastewater effluent routed from Outfall 001 (only during emergency conditions) via Outfall 002. The permittee operates the Baytown Olefins Plant. The plant site is at 3525 Decker Drive (Spur 330) in the City of Baytown in Harris County, Texas. The Commission will consider the application and the comments that have been filed on the application. (Tom Weber/Bob Sweeney)

Approved, JB/RM

Item 10. Docket No. 96-0969-MWD. REQUEST BY CITY OF JACKSONVILLE FOR a 3-year temporary variance to the existing water quality standards for Ragsdale Creek and Keyes Creek pursuant to 30 TAC Chapter 307.2(f).

Remand to Executive Director

Item 11. Docket No. 96-0969-MWD. APPLICATION BY CITY OF JACKSONVILLE for an amendment to Permit No. 10693-01 to authorize the removal of the monitoring requirements and effluent limitations for copper. The permit currently authorizes the discharge of treated domestic wastewater at a volume not to exceed an average flow of 1,500,000 gallons per day, which will remain the same. The wastewater treatment facilities are on Canada Street, southeast of the crossing of Ragsdale Creek by Canada Street, southeast of the City of Jacksonville in Cherokee County, Texas.

Remand to Executive Director

CONTESTED (District Matters)

Item 12. Docket No. 96-0918-DIS. Consideration of a proposed order granting the petition by Jefferson Realty Company for creation of Harris County Municipal Utility District No. 365. For Commission consideration. The Commission has received a petition from Jefferson Realty Company for the creation of Harris County Municipal Utility District No. 365, which would contain approximately 671 acres. (TNRCC Internal Control No. 121195-D01; Robert Cummins)

Grant Petition for Creation of Harris County MUD 365, RM/JB

Item 13. Docket No. 96-0919-DIS. Consideration of a proposed order granting the petition by Jefferson Realty Company for creation of Harris County Municipal Utility District No. 364. For Commission consideration. The Commission has received a petition from Jefferson Realty Company for the creation of Harris County Municipal Utility District No. 364, which would contain approximately 473 acres. (TNRCC Internal Control No. 121195-D02; Robert Cummins)

Grant Petition for Creation of Harris County MUD 364, RM/JB

Item 14. Docket No. 96-1018-DIS. Consideration of a Proposed Order Approving the Application by First Colony Municipal Utility District No. 2 of Fort Bend County for Approval of a Fire Protection Plan. For Commission action. Applicant requests approval of the fire protection plan and approval of contract providing fire protection services. (TNRCC Internal Control No. 060796-D01, Rob Cummins)

Approve Fire Protection Plan, RM/BM

CONTESTED (Municipal Waste Discharge Enforcement)

Item 15. Docket No. 96-0493-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Raymondville in Willacy County; Permit No. 10365-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Mears)

Issue Agreed Order, RM/JB

CONTESTED (Municipal Solid Waste Enforcement)

Item 16. Docket No. 96-0029-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Alice in Jim Wells County; MSW Permit No. 262B; for violations pursuant to the Texas Health and Safety Code Chapter 361 and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils/Sam Coyner).

Issue Agreed Order, RM/BM

Item 17. Docket No. 96-0442-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Waste Management of Texas, Inc. in Travis County; Municipal Solid Waste Permit No. 249C; for Municipal Solid Waste violations pursuant to the Texas Solid Waste Disposal Act and the rules of the Texas Natural Resource Conservation Commission. (Jerry Allred/Steve Shepherd)

Issue Agreed Order, RM/JB

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 18. Docket No. 96-0071-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Platzer Shipyard, Inc. in Harris County; ISW Registration No. 31207; for industrial & hazardous waste violations pursuant to the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Lila Beckley)

Issue Agreed Order, RM/BM

CONTESTED (Industrial Waste Discharge Enforcement)

Item 19. Docket No. 96-0023-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Norit Americas, Inc., Water Quality Permit No. 00703; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Petrov/Meyer)

Issue Agreed Order, RM/JB

Item 20. Docket No. 96-0499-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rescar Incorporated in Gregg County; no TNRCC Water Quality permit; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Main/Henry)

Issue Agreed Order, RM/JB

CONTESTED (On-Site Inspection Enforcement)

Item 21. Docket No. 96-0545-OSI-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Pablo R. Montes in Williamson County; OSI Registration No. 2762; for occupational certification installers violations pursuant to Chapter 366 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Raymond Winter).

Issue Default Order, RM/BM

Item 22. Docket No. 96-0544-OSI-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Marty W. Walenta in Williamson County; Installer Certificate No. 3768; for occupational certification installer violations pursuant to Chapter 366 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Raymond Winter).

Issue Default Order, RM/BM

CONTESTED (Public Water Supply Enforcement)

Item 23. Docket No. 95-0908-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Houshang Solhjou dba Pin Oak Mobile Home Park #1 and #2 in Harris County; PWS Nos. 1010524 and 1010826; for public drinking water violations pursuant to the Texas Health and Safety Code; Chapter 341, Subchapter C and the rules of the Texas Natural Resource Conservation Commission. (Sabelyn Pussman/S. Shepherd)

Remand to Executive Director, RM/BM

CONTESTED (Air Quality Enforcement)

Item 24. Docket No. 96-0107-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of J.C. Hood Ornamental Iron Works in Harris County; Account No. HG-3661-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 Capps).

Issue Agreed Order, JB/RM

Item 25. Docket No. 96-0738-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Eval Company of America in Harris County; Account No. HG-1310-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 Capps).

Issue Agreed Order, JB/RM

Item 26. Docket No. 96-0739-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Star Enterprise in Robertson County; Account No. RI-0014-K; 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, JB/RM

Item 27. Docket No. 96-0195-AIR-E. Consideration of a Default Order requiring certain actions of Dickens "Auto World" in Harris County; Account No. HG-7630-U; 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 Default Order, JB/RM

Item 28. Docket No. 96-0341-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Bob Bounds in Wichita County; Account No. WH-0159-O; for Air 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 Newcombe).

Issue Default Order, JB/RM

Item 29. Docket No. 96-0438-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tarrant Lumber Company in Anderson County; Account No. AA-0068-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. (Lisa Newcombe).

Issue Agreed Order, JB/RM

Item 30. Docket No. 96-0740-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of United States Army--Fort Hood in Bell County; Account Nos. BF-0129-I and BF-0156-F; for Air 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. (Lisa Newcombe).

Issue Agreed Order, JB/RM

CONTESTED (Petroleum Storage Tank Enforcement)

Item 31. Docket No. 96-0714-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Broach Equipment Corporation in Harris County; PST Enforcement Identification No. E11377; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Connie Wong)

Issue Agreed Order, JB/BM

Item 32. Docket No. 96-0710-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. David Padilla in Bexar County; PST Enforcement Identification No. E11264; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Connie Wong)

Issue Agreed Order, RM/BM

Item 33. Docket No. 96-0818-PST-E. Consideration of an Enforcement Order assessing administrative penalties and requiring certain actions of Guthrie Oil Co., Inc. and Chappell, Inc. in Eastland County; Enforcement ID No. E11268; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Raymond Winter).

Issue Enforcement Order, John Baker Recused himself from this item, RM/BM

Item 34. Docket No. 96-0957-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rio Oils and Fuels, Co. in Starr County; Enforcement ID No. E-10815; Petroleum Storage Tank violations pursuant to the Texas Water Code, Chapter 26 and the rules of the Texas Natural Resource Conservation Commission. (Patricia Capps).

Issue Agreed Order, RM/BM

Item 35. Docket No. 96-0968-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mohammed Khatani in Galveston County; ID No. E10453; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe).

Issue Agreed Order, RM/BM

Item 36. Docket No. 96-1021-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dan Farmer in Tom Green County; ID No. E10910; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe).

Issue Agreed Order, RM/BM

Item 37. Docket No. 96-0299-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Glass Oil Company in Cherokee County; PST Enforcement Identification No. E11341; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak)

Issue Agreed Order, JB/BM

CONTESTED (Rules)

Item 38. Docket No. 96-0952-RUL. Consideration for publication of proposed amendments to Chapter 285 (relating to On-site Wastewater Treatment). The proposed rules will establish better training, certification and educational requirements for persons who install, inspect and administer OSSFs. (James Kowis)(Rule Project No. 95122-285-WT)

Proceed with Publication of Proposed Amendments, BM/RM

Item 39. Docket No. 95-1420-RUL. Consideration for adoption of proposed new 30 TAC Chapter 321, Subchapter J, concerning Discharges to Surface Water from Ready-Mixed Concrete Plants and/or Concrete Products Plants or Associated Facilities; Subchapter L, concerning Discharges to Surface Waters From Motor Vehicles Cleaning Facilities; Subchapter M, concerning Discharges to Surface Waters from Petroleum Bulk Stations and Terminals; and Subchapter N, concerning Handling of Wastes From Commercial Facilities Engaged in Livestock Trailer Cleaning. If approved, the new sections will streamline the current permitting process by controlling certain activities by rule, thereby eliminating the need for a commission permit for specific wastewater discharge and waste handling activities. The proposed rule was published in the January 5, 1996 issue of the Texas Register (21 TexReg 228). (Tom Weber)(Rule Log No. 95094-321-WT).

Adopt Rules with changes to Sub L as recommended by Chairman McBee, BM/RM

Item 40. Docket No. 96-0906-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 330, Subchapter A, concerning General Information, and Subchapter Y, concerning Medical Waste Management. The proposed amendments would not require a permit to incinerate on-site generated municipal solid waste in waste incinerators at licensed hospitals. (Clark Talkington/Dale Pound)(Rule Log No. 96131-330-WS).

Continued to July 24, 1996

Item 41. Docket No. 96-0997-RUL. Consideration for publication of, and hearing on amendments to 30 TAC Chapter 307, concerning the Texas Surface Water Quality Standards. The revisions to be proposed are (1) changing the presumed standard for unclassified perennial streams in East Texas from intermediate aquatic-life use to high aquatic-life use; and (2) classifying additional waterbodies with site-specific standards in Appendix D, as determined by recent studies of individual steams in East Texas. (Jim Davenport)(Rule Log No. 96138-307-WT).

Proceed with publication and hearing on amendments, BM/RM

Item 42. Docket No. 96-0953-RUL. Consideration for publication and hearing of proposed repeal of 30 TAC Chapter 313 and the adoption of new 213, relating to the Edwards Aquifer. The proposed new rule seeks to establish regulations for activities having the potential for causing pollution of the Edwards Aquifer; to streamline and consolidate the predecessor Chapter 313, Edwards Aquifer as part of the commission's regulatory reform process; and to respond to public comment received pursuant to Section 26.046 of the Texas Water Code. This rule sets out the procedures and criteria to be used by the executive director in the review and approval of Edwards Aquifer protection plans. (Rule Log No. 96114-213-WT)(Mary Ambrose).

Proceed with publication and hearing with comment period extended to 60 days, RM/JB

Item 43. Docket No. 96-1023-RUL. Consideration for publication of and hearing upon proposed amendments to 30 TAC Chapter 50, concerning Action on Applications; Chapter 55, concerning Request for Contested Case Hearings; and Chapter 80, concerning Contested Case Hearings. Options will be presented to expedite the processing of hearing requests and to clarify the interpretation of "affected persons," "reasonableness," and "competent evidence." This is Phase III of the ongoing project to reorganize, clarify, and consolidate the Commission's procedural rules. (Randall Terrell)

Continued to July 10, 1996

EXECUTIVE SESSION

Item 44. Docket No. 96-1030-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 45. Docket No. 96-1031-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

(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.

Item 46. Docket No. 96-0924-IWD. APPLICATION BY LONE STAR INDUSTRIES, INC. for a Temporary Order to authorize the discharge of the collected water from the quarry pond to an intermittent tributary of Sweetwater Creek near the northern boundary of the undeveloped property north of the evaporation pond. Lone Star operates an open pit limestone quarry and cement manufacturing facility located one mile northwest of the intersection of Farm-to-Market Road 608 and Farm-to-Market Road 1170, approximately 0.7 mile northwest of the City of Maryneal in Nolan County, Texas. The applicant has stated that this request is justified because there is no feasible alternative to the discharge. The proposed discharge will not present a significant hazard to human life and health, unreasonable damage to property of persons other than the applicant, or unreasonable economic loss to persons other than the applicant. The Temporary Order, if issued, would authorize the discharge of stormwater, dust suppression runoff, vehicle wash water and water treatment filter backwash at a maximum volume of 720,000 gallons during any 24-hour period.

Continued to July 10, 1996

Item 47. Docket No. 96-0255-CRT. Consideration of the submission to the Coastal Coordination Council of a request for certification that applicable rules contained in Title 30, Chapters 101, 111-122, 261, 279, 281, 284, 285, 288, 293, 295, 297, 301, 305, 307, 309, 314, 315, 321, 330, 334, 335, and 337 are consistent with the goals and policies of the Coastal Management Program provided in Title 31, Chapter 501. Upon the council's certification, the TNRCC's rules are incorporated into the CMP's goals and policies and any threshold for referral approved by the council relating to actions under those rules shall become operative and limit the council's authority to review individual actions of the agency. (Bruce Moulton)

Approve Staff Recommendation, BM/RM

Item 48. Docket No. 96-1076-EXE. The Texas Natural Resource Conservation Commission will meet in closed session to deliberate the duties of its Public Interest Counsel 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 as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.

Continued to July 10, 1996

Item 49. Docket No. 96-1078-EXE. The Texas Natural Resource Conservation Commission will meet in closed session to deliberate the duties of its Director of the Office of Public Assistance 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 as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.

Continued to July 10, 1996

Item carried forward from Agenda of May 2, May 15, and May 29, 1996 and June 12, 1996.

Item 1. 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)

Approve Publication and Hearing, RM/JB

Item carried forward from Agenda of May 29, 1996 and June 12, 1996.

Item 2. Docket No. 96-0730-CON. Consideration of authorizing the Executive Director to Execute a Contract with Oracle Corporation for the purchase of the Software for Oracle Government Financial and for the Associated Programming Cost to implement the system at TNRCC. Oracle Government financial is an integrated financial management system, which will be used for functions related to financial accounting and information management, including accounting, purchase requisitions, budgeting, grant billing, reporting, management of fixed assets, etc.

Continued to July 10, 1996

Item carried forward from Agenda of May 29, 1996 and June 12, 1996.

Item 3. Docket No. 96-0430-DIS. The Commission will consider the Motion for Rehearing filed concerning the petition to exclude land from the boundaries of Harris County Municipal Utility District No. 50. On April 3, 1996, the Commission approved the petition. The Chief Clerk mailed the Commission's order on April 19, 1996.

Continued to July 10, 1996

Item carried forward from Agenda of May 29, 1996 and June 12, 1996.

Item 4. Docket No. 96-0881-EXE. The Commission will meet in closed session to receive legal advice on agency options relating to the Federal Operating Permit program and the impact of that program on the TNRCC minor new source review program, pursuant to Section 551.071 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 this matter, as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.

Continued to July 10, 1996

Item carried forward from Agenda of June 12, 1996.

Item 5. Docket No. 96-0822-IWD. IBP, INC. for an amendment to Permit No. 01873 to change the permit from a discharge permit to a permit authorizing disposal by irrigation. The proposed amendment would authorize a disposal volume not to exceed 4,000,000 gallons per day average into the playa lake (known as Lake McGee). The maximum total volume of irrigation water applied to the disposal area via irrigation during any calendar year shall not exceed 2.7 acre-feet per acre irrigated. No discharge of pollutants into the waters of the State is authorized by this permit. The applicant operates a beef slaughtering, processing and rendering facility. The plant site is on the northeast side of the junction of U.S. Highway 66 East and Farm-to-Market Road 1912. The irrigation site is located two miles north of the intersection of Farm-to-Market Road 1912 and U.S. Highway 66 East and five miles northeast of the Amarillo Municipal Airport in Potter County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Bob Sweeney)

Continued to July 10, 1996

Item carried forward from agenda of May 22, 1996.

Item 1. SOAH Docket No. 582-95-1057; TNRCC Docket No. 95-0057-MSW. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of Silver Creek Materials, Inc. for Permit No. MSW 2216 to authorize the operation of a Type V (Composting) Municipal Solid Waste Management facility in Tarrant, County, Texas. Applicant seeks authorization to withdraw without prejudice. Recommendation: Dismissal without prejudice MSW 2216. (Cynthia Hayes)

Approve Administrative Law Judge's Proposal for Decision and General Counsel will provide an Order with changes, JB/RM

Item 2. Docket No. 96-0889-SLG. The Commission will consider the General Counsels motion for reconsideration, and other timely filed motions for reconsideration, concerning the Executive Director's final approval of the application by Silver Creek Materials, Inc. for registration No. 42008. The registration concerns a municipal sewage sludge composting facility in Tarrant County. The Commission's Chief Clerk mailed the signed registration to the applicant on May 14, 1996.

Deny Motion for Reconsideration, JB/RM

Item 50. Docket No. 96-1022-WOC. Consideration for appointment, an individual to fill an expired vacancy on the Advisory Committee for Water Utility Operator Certification and the reappointment of four individuals to fill the membership of the Advisory Committee for Water Utility Operator Certification. The purpose of this committee is to advise the Texas Natural Resource Conservation Commission on matters regarding the administration of the Water and Wastewater Utility Operator Certification Programs, Senate Bill 2. (Doretta A. Conrad)

Approve Staff Recommendation, JB/RM

Item 51. Docket No. 96-1088-RUL. Consideration of the adoption of emergency rules, 30 Texas Administrative Code Subchapter R, Section 330.860, relating to the waste tire recycling program, and the Special Authorization Priority Enforcement List. Adoption of this new section on an emergency basis is necessary to prevent an imminent peril to the public health, safety, or welfare. The new section would authorize the Executive Director to create a Special Authorization Priority Enforcement List for tires generated in those areas of the state which are receiving inadequate collection service, and which, if not addressed, will pose a threat to human health and safety, or the environment. The list will be used to implement clean up and recycling efforts.

Adopt Emergency Rules as Recommended by Staff, BM/JB