MCBEE
MARQUEZ
BAKER
CONTESTED AGENDA

Wednesday, August 28, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

UNCONTESTED (Agency Enforcement Report)

Item 1. Docket No. 96-1144-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

UNCONTESTED (Class 2 Modification)

Item 2. Docket No. 96-1344-IHW. Consideration of an application by HOECHST CELANESE CHEMICAL GROUP, INC. - PAMPA PLANT for a Class 2 compliance plan modification to Compliance Plan No. CP-50200 in accordance with 30 TAC Section 305.69. The compliance plan modification will authorize (1) the applicant to rely on the existing remedial systems to achieve the Corrective Action Objectives and Performance Standards for the Ogallala Aquifer as established in Provision IV.A.W of the existing Compliance Plan and (2) the inclusion of Tract P. Post Closure Care Ground-Water Monitoring under 30 TAC 335.166. The facility is located on a 650-acre tract of land at the intersection of Highway 60 and FM 2300, approximately five miles southwest of Pampa, Gray County, Texas. (John Clegg)

Approve Class 2 Compliance Plan, RM/JB

UNCONTESTED (Class 3 Modification)

Item 3. Docket No. 96-1343-IHW. Consideration of an application by BAYER CORPORATION - BAYTOWN PLANT (formerly Miles, Inc.) for a Class 3 permit modification to Permit No. HW-50173 in accordance with 30 TAC Section 305.69. The permit authorizes operation of an industrial solid waste storage facility for the management of hazardous wastes. The permit modification will authorize the construction of four proposed tanks, two proposed incinerator for the storage, processing and incineration of hazardous waste and Class 1, 2, and 3 industrial solid wastes generated on-site and received from other Bayer facilities on a non-commercial basis. The facility is located on approximately 727 acres at 8500 West Bay Road near the intersection of FM 565 and State Highway 146 near Baytown, Chambers County, Texas. (John Clegg)

Issue Class 3 Modification, RM/BM

CONTESTED (Temporary Authorization)

Item 4. Docket No. 96-1322-IHW. Consideration of a request filed by Occidental Chemical Corporation for Temporary Authorization to operate incinerators, HCIN-2 and HCIN-3, effecting removal of the limit on ash content in the incinerator feed, increasing the hourly allowable emission rates for particulate matter (PM) per incinerators from 0.26 lbs/hr to 3.0 lbs/hr, resulting in a total of 15 tons/year from both incinerators, and increasing hourly emission rates of volatile organic compounds (VCO) per incinerator from 0.01 lbs/hr to 0.02 lbs/hr, resulting in a change from 0.04 tons/yr to 0.08 tons/yr per incinerator. In accordance with 30 TAC 305.69(f)(5)(B)(iii), the authorization is necessary to prevent disruption of ongoing waste management. The facility is located within a 1600-acre tract of land in Harris County, north of State Highway 225 and west of Highway 134 in Deer Park, Texas.

Issue Temporary Authorization, RM/JB

CONTESTED (Hearing Request)

Item 5. Docket No. 96-1250-MWD. CITY OF MCGREGOR for renewal of Permit No. 10219-002 which authorizes a discharge of treated domestic wastewater effluent at a final volume not to exceed an average flow of 1,100,000 gallons per day from the South Wastewater Treatment Facilities. The plant site is adjacent to and west of State Highways 317, approximately 2 miles south of the intersection of U.S. Highway 84 and State Highway 317 in McLennan County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Bob Sweeney/Tom Weber)

Continued to September 18, 1996

CONTESTED (Industrial Hazardous Waste Enforcements)

Item 6. Docket No. 94-0089-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Clifton Duke (former Chemscope facility) in Tarrant County; SWR No. 65395; for industrial and hazardous waste violations pursuant to the Texas Water Code Ann., Chapters 5 and 26 (Vernon 1988), the Solid Waste Disposal Act, Texas Health & Safety Code Ann., Chapter 361 (Vernon 1992), and the rules of the Texas Natural Resource Conservation Commission. (Vic McWherter).

Issue Agreed Order, JB/RM

Item 7. Docket No. 96-0432-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gulf Precision Industries in Harris County; ISW Registration No. 32388; for industrial & hazardous waste violations pursuant to the Texas Natural Resource Conservation Commission. (Thomas Greimel)

Issue Agreed Order, RM/JB

CONTESTED (Air Quality Enforcements)

Item 8. Docket No. 96-1075-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Champion International Corporation in Sheldon, Harris County, Texas; Account No. HG-0674-D; 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 9. Docket No. 96-1142-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of ASARCO, Incorporated in El Paso County; Account No. EE-0007-G; 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

CONTESTED (Multi-Media Enforcement)

Item 10. Docket No. 96-0212-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of ASARCO Incorporated in El Paso County; SWR No. 31235, WQ 02321; for industrial & hazardous waste and water quality violations pursuant to the Tex. Water Code Ann., Chapters 5 and 26 (Vernon 1988), the Solid Waste Disposal Act, Tex. Health and Safety Code Ann., Chapter 361 (Vernon 1992) and the rules of the Texas Natural Resource Conservation Commission. (Vic McWherter/John Sadlier).

Issue Agreed Order, JB/RM

CONTESTED (Agricultural Enforcement)

Item 11. Docket No. 96-0372-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Billy Sanders in: Johnson County, for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Chaffin\Henry)

Remand to Executive Director

CONTESTED (Petroleum Storage Tank Enforcements)

Item 12. Docket No. 96-0987-PST-E. Consideration of an Agreed Order Assessing administrative penalties and requiring certain actions of Crockett Schools in Crockett County; PST Enforcement Identification No. E11445; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mick Wilson)

Issue Agreed Order, RM/BM

Item 13. Docket No. 96-1190-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Herr Oil Company, Inc. in Cooke County; PST Enforcement Identification No. E10740; 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, RM/BM

Item 14. Docket No. 96-0887-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hall's Tire Shop in Dallas County; PST Enforcement Identification No. E11434; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.126 and the rules of the Texas Natural Resource Conservation Commission. (Sushi Modak)

Issue Agreed Order, RM/BM

CONTESTED (Contracts)

Item 15. Docket No. 96-1323-CON. Consideration of request to authorize the Executive Director to enter into a contract for the purchase of new computer equipment to upgrade the infrastructure server running TRACS and the field operations servers.

No Action

Item 16. 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 consulting costs 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.

Approve Contract as Recommended, JB/RM

CONTESTED (Rules)

Item 17. Docket No. 96-1304-RUL. Consideration for publication of proposed new 30 TAC Chapter 352, concerning Commercial Nonhazardous Industrial Solid Waste Landfills. If adopted the rules would establish the design and operational standards for management of nonhazardous waste at off-site commercial landfill units. (Bryan Dixon) (Rule Log No. 96128-352-WS).

Continued to September 11, 1996

Item 18. Docket No. 96-1290-RUL. Consideration for publication of and hearing upon the proposed amendment of 30 TAC Chapter 113, Subchapter A, concerning Inorganic Fluoride Compounds and Beryllium. The proposed amendment will repeal most of the current Subchapter A, and will improve compliance by controlling inorganic fluoride air emissions by individual New Source Review permit instead of by rule. The usual permit reviews for fluoride compounds shall be conducted using appropriate state and federal guidelines. (Sam Wells) (Rule Log No. 96101-113-AI)

Proceed with Publication and Hearing, RM/BM

Item 19. Docket No. 96-1336-RUL. Consideration for publication of and hearing on the proposed repeal of 30 TAC Chapter 101, Section 101.25, concerning Fees for Registration of Non-permitted Facilities. Section 101.25 set fees for a onetime registration requirement that has been repealed. (Rule Log Number 96153-101-AI) (Steve Ortiz, 239-2008)

Proceed with Publication and Hearing, BM/JB

Item 20. Docket No. 95-1686-RUL. Consideration for adoption of amendments to 30 TAC Chapter 292, concerning River Authorities, and Chapter 293, concerning Water Districts. If approved, the amendments incorporate new references and new requirements relating to the administration of river authorities and water districts and the commission's supervision over their actions in response to recent legislative changes. The proposed rules were published in the April 5, 1996 and April 23, 1996 issues of the Texas Register. (Sam Jones) (Rule Log No. 95162-293-WT).

Adopt Rules as Recommended with corrections as recommended by staff, RM/BM

Item 21. Docket No. 96-1348-RUL. Consideration of a petition for rulemaking submitted by William Powell. If approved, the petition would begin the rulemaking process to allow a person to receive credit against future liability for cleanup dollars spent prior to any adjudication of responsibility. The staff does not recommend approval of this petition. (Randall Terrell, 239-0577)

Deny petition for rulemaking, but instructed staff to look into early cleanup incentives and bring back a status report in 30 days for a work session discussion, RM/JB

Item 22. Docket No. 96-1180-SIP. Consideration for publication of notice of and hearing on a proposed revision to the State Implementation Plan (SIP) for the Dallas/Fort Worth ozone nonattainment area. The proposed revision would authorize the Texas Instruments Lemmon Avenue facility to use an alternate reasonably available control technology as allowed in 30 TAC Chapter 115, Section 115.427, concerning Exemptions, in lieu of the control technology requirements specified in 30 TAC Section 115.421, concerning Surface Coating Processes. (Sam Wells) (Rule Log No. 96130-SIP-AI)

Proceed with Publication and Hearing, JB/RM

CONTESTED (Motion for Rehearing)

Item 23. Docket No. 96-0333-AIR. The Commission will consider the motion for rehearing filed by San Antonio Coalition for Environmental and Economic Justice (SACEEJ) concerning the application by Mitsui San Antonio Components, Inc. for Permit No. AQ-30979 to install melting furnaces at a proposed aluminum die casting facility in San Antonio, Bexar County. On July 24, 1996, the Commission adopted the Administrative Law Judges Proposal for Decision recommending denial of SACEEJs hearing request. The Commission order was mailed on July 31, 1996.

Deny Motion for Rehearing, BM/JB

EXECUTIVE SESSION

Item 24. Docket No. 96-1382-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 25. Docket No. 1383-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.)(PERSONS WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TNRCC AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE ARRANGEMENTS CAN BE MAKE.)

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, August 28, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 26. Docket No. 96-1309-RUL. Consideration for publication of proposed amendments to 30 TAC 290, Subchapter D, Sections 290.42, 290.44, 290.46, and 290.47, concerning Rules and Regulations for Public Water Systems. If approved, these proposed amendments clarify what a public water supplier must do when loss of water pressure occurs in the distribution system; and correct typographical errors. (Rule Log #96132-290-WT) (James Pope/239-6055)

Publish Rules, JB/RM

SECOND ADDENDUM TO CONTESTED AGENDA

Wednesday, August 28, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 27. The Commission will meet in closed session to receive legal advice on the petition of the Environmental Defense Fund to withdraw EPA approval of the Underground Injection Control Programs of the Texas Natural Resource Conservation Commission under the Safe Drinking Water Act, pursuant to Section 551.071 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.

No Action Taken

OLD BUSINESS AGENDA

Wednesday, August 28, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of July 24, 1996.

Item 1. Docket No. 96-0200-MWD. William L. Dixon, Sr. for Proposed Permit No. 13800-001 to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 45,000 gallons per day. The proposed wastewater treatment facility will be located approximately 1,240 feet west of State Highway 300, at approximately 0.38 mile south of the intersection of State Highway 300 and Farm-to-Market Road 726 in Upshur County, Texas. The Commission will consider the application and the Objection to Permit and Proceedings filed on the application. (Nina Fantl)

Remand to State Office Administrative Hearing and leave within the discretion of State Office Administrative Hearings whether issuance of Proposal for Decision based on the record now is appropriate or whether there is a need to reopen the record, BM/JB

ADDENDUM TO OLD BUSINESS AGENDA

Wednesday, August 28, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of July 24, and August 21, 1996.

Item 2. Docket No. 96-1071-AIR. UNIMIN CORPORATION for Air Quality Permit No. 32024 to authorize construction and operation of a Silica Sand Processing Facility. The proposed site is located 1.8 miles Southeast of Voca an Hwy. 71 in Voca, McCulloch County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Laura Rowan/Alex Berksan)

Continued to September 18, 1996

SECOND ADDENDUM TO OLD BUSINESS

Wednesday, August 28, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of August 21, 1996.

Item 3. Docket No. 96-1328-CON. Approval of contract between the TNRCC and the State Office of Administrative Hearings which provides for payment to SOAH to services to be rendered during the fiscal year beginning September 1, 1996, and ending August 31, 1997.

Adopt contract with lower amount, continued until Work Session August 29, 1996. RM/BM

Item carried forward from Agenda of August 21, 1996.

Item 4. Docket No. 96-0879-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Willard Grain & Feed, Inc. in McLennan County; Account No. MB-0282-H; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Linda Sorrells and Patricia Capps).

Remand Default Order to Executive Director, JB/RM

Item carried forward from Agenda of August 21, 1996.

Item 5. Docket No. 96-0105-AIR-E. Consideration of an Amended Agreed Order requiring certain actions of Heat Energy Advanced Technology in Dallas County; Account No. DB-0934-I; amending an Agreed Order that became effective on March 20, 1996. (Paul C. Sarahan).

Continued to September 11, 1996

Item carried forward from Agenda of August 21, 1996.

Item 6. Docket No. 96-1378-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Chief Clerk 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.

Accepted Gloria Vasquez's letter of resignation, BM/RM