|
| UNCONTESTED (Class 3 Modification Hazardous Waste Permit)|
| | Item 1.
| Docket No. 96-1464-IHW. Consideration of an application by CITGO
REFINING AND CHEMICALS COMPANY, L.P. for a Class 3
modification to Permit No. HW-50160 in accordance with 30 TAC
Section 305.69 The permit authorizes the operation a non-commercial
industrial solid waste management facility for the management of
hazardous wastes. The permit modification will authorize post-closure
care for a surface impoundment closed as a landfill. The facility is
located at 1801 Nueces Bay Blvd., Corpus Christi, Nueces County,
Texas. (John Clegg) | | | Remand to Executive Director, All Commissioners in Agreement | | | Item 2.
| Docket No. 96-1537-IHW. Consideration of an application by Chaparral
Steel Midlothian, LP for a Class 3 modification to the Permit No.
HW-50162 in accordance with 30 TAC Section 305.69. The permit
authorizes the applicant to maintain post-closure care of two closed
landfills. The permit modification will authorize the continued operation of
one existing container storage area, one existing pelletizer silo, and one
existing tank for the storage of industrial hazardous waste. These units
have been operating under interim status. The facility is located at 300
Ward Road, Midlothian, Texas, approximately two miles south of U.S.
Highway 287, one-fourth mile south of U.S. Highway 67 and 1000 feet
west of Ward Road, approximately two and one-half miles southwest of
Midlothian, Texas, on approximately 298 acres near Midlothian, Ellis
County, Texas. (John Clegg) | | | No Action Required | | |
| UNCONTESTED (Class 2 Modification Compliance Plan) | | Item 3.
| Docket No. 96-1536-IHW. Consideration of an application by Chemical
Waste Management, Inc. for a Class 2 modification to Compliance Plan
No. CP-50365 in accordance with 30 TAC Section 305.69. The permit
authorizes the applicant to maintain post-closure care of four capped and
closed landfills. The permit modification will authorize an additional
recovery trench, including recovery wells, supplemental monitoring wells,
point of compliance wells, associated piping, and appurtenances. The
facility is located on a 23-acre tract of land at 6901 Greenwood Drive
(County Road 33) approximately one-half mile south of State Highway 357
in the Corpus Christi, Nueces County, Texas. (John Clegg) | | | Issue Class 2 Modification, JB/BM. All Commissioners in Agreement | | |
| UNCONTESTED (Utility Matter)|
| | | Item 4.
| Docket No. 96-1480-UCR. Consideration of the application of Travis
County Municipal Utility District No. 4 to Operate and Maintain Facilities
and Transfer Sewer CCN No. 20654 from Estates of Barton Creek Utilities,
Inc. in Travis County, Texas. (Application # 31160-S, Guillermo Zevallos) | | | Remand to Staff, All Commissioners Agree. | | |
| CONTESTED (Hearing Request) | | Item 5.
| Docket No. 96-1440-AIR. O'HAIR SHUTTERS, INC. for Permit No.
32202 to construct and operate a trench burner. The proposed facility is
located at 1401 North Loop 289 in Lubbock, Lubbock County, Texas. The
Commission will consider the application and the hearing requests that have
been filed on the application. (Scott Humphrey/ Edward Rapier) | | | Remand to State Office Administrative Hearing, BM/RM. All Commissioners Agree. | | | Item 6.
| Docket No. 96-1437-AIR. SHELL CHEMICAL COMPANY for a
renewal of Permit No. 6949 for continued operation of a Epochlorohyrin
Finishing Unit. The Company has requested that related standard
exemptions and Permit No. S-18255 be incorporated within the permit with
this renewal. Standard Exemption Registration No. 32590 will be voided
with this renewal. The facility is located in Deer Park, Harris County,
Texas. The Commission will consider the application and the hearing
requests filed on the application. (Rachael Rawlins/ Harry Pruett) | | | Deny Request, Issue Renewal of Permit, BM/RM. All Commissioners Agree. | | | Item 7.
| Docket NO. 96-1457-MWD. CITY OF LAMPASAS for an amendment to
Permit No. 10205-02 to authorize combining the wastestreams from the
City of Lampasas Henderson Wastewater Treatment Plant (WWTP) and
Sulphur Creek WWTP into a new facility. The proposed amendment would
not increase the discharge flow volume. The proposed amendment would
authorize a discharge of treated domestic wastewater effluent at an interim
volume not to exceed an average flow of 500,000 gallons per day and a
final volume not to exceed an average flow of 1,500,000 gallons per day.
The proposed amendment would also adjust the compliance schedule for the
Henderson WWTP in accordance with 30 TAC Section 307.2(f) which
allows an interim permit limit term equal to three years from the existing
permit issuance date. The wastewater treatment facilities are on the south
side of Sulphur Creek near the east of Creek Street approximately 6,000
feet northeast of the intersection of U.S. Highway 183 and U.S. Highway
190 in the City of Lampasas in Lampasas County, Texas. The Commission
will consider the application and the hearing requests that have been filed
on the application. (Tom Weber/Robert Martinez) | | | Remand to State Office Administrative Hearings, but defer to Alternative Dispute
Resolution Office for 4 to 6 weeks to try and Mediate, BM/JB. All Commissioners
Agree. | | |
| CONTESTED (Public Comments) | | | Item 8.
| Docket No. 96-1456-MSW. CITY OF EDINBURG for a municipal solid
waste permit amendment (Proposed Permit No. MSW956-A) to authorize a
vertical expansion of their Type I (Landfill) municipal solid waste
management facility. The existing site covers approximately 100 acres of
land, and is to receive about 1300 tons of solid waste per day for disposal
or other processing. The facility is located on Encinito Road, 2000 feet east
of Highway 281 and 400 feet southeast of Faysville, in Hidalgo County,
Texas. The Commission will consider the application and the comments that
have been filed on the application. (Sharon Smith/Susan Janek) | | | Deny Hearing Request and Issue Permit Amendment, JB/BM. All Commissioners
Agree. | | |
| CONTESTED (Petroluem Storage Tank Enforcement Agreed Orders) | | Item 9.
| Docket No. 96-0943-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Fidel C. Perez,
Jr. in Hidalgo County; PST Enforcement Identification No. E11561; 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/JB. All Commissioners Agree. | | | Item 10.
| Docket No. 96-0899-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the Iron Skillet,
Inc. in Bexar County; PST Enforcement Identification No. E11542; for
petroleum storage tank violations pursuant to the Texas Water Code,
Section 26.136, and the rules of the Texas Natural Resource Conservation
Commission. (Srini R. Kusumanchi) | | | Issue Agreed Order, RM/JB. All Commissioners Agree. | | | Item 11.
| Docket No. 96-0939-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of MG Building
Materials Wholesale Yard in Bexar County; PST Enforcement Identification
No. E11562; 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/JB. All Commissioners Agree. | | | Item 12.
| Docket No. 96-1289-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Ray Dayani in
Harris County; PST Enforcement Identification No. E11014; for petroleum
storage tank violations pursuant to the Texas Water Code, Section 26.136,
and the rules of the Texas Natural Resource Conservation Commission.
(Srini R. Kusumanchi) | | | Issue Agreed Order, RM/JB. All Commissioners Agree. | | | Item 13.
| Docket No. 96-0404-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Southwest Grain
Company, in Hidalgo County, Enforcement ID No. E10903; for petroleum
storage tank violations pursuant to Chapter 26 of the Texas Water Code and
the rules of the Texas Natural Resource Conservation Commission. (Paul
C. Sarahan). | | | Issue Agreed Order, RM/JB. All Commissioners Agree. | | | Item 14.
| Docket No. 96-0634-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. A.R. Perez in
Bexar County; PST Enforcement Identification No. E11201; for petroleum
storage tank violations pursuant to the Texas Water Code, Section 26.136,
and the rules of the Texas Natural Resource Conservation Commission.
(Jaime Lopez) | | | Issue Agreed Order, RM/JB. All Commissioners Agree. | | |
| CONTESTED (Public Water Supply Enforcement Agreed Orders) | | Item 15.
| Docket No. 96-1103-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of May Water Supply
Corporation in Brown County; PWS No. 0250017, for Public Drinking
Water violations pursuant to the Texas Health and Safety Code and the
rules of the Texas Natural Resource Conservation Commission. (K.
Wheatley/G. Henry) | | | Issue Agreed Order, BM/RM. All Commissioners Agree. | | | Item 16.
| Docket No. 96-0171-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Charles M. Watts
dba Island View Landing, in Marion County; No. 1580010; for public
water system violations pursuant to the Texas Health and Safety Code and
the rules of the Texas Natural Resource Conservation Commission. (Tom
Napier) | | | Issue Agreed Order, BM/RM. All Commissioners Agree. | | | Item 17.
| Docket No. 95-1140-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Elias Martinez
dba M&M Mobile Home Park in Hale County; PWS No. 0950068; for
public water system violations pursuant to the Texas 30 TAC Chapter 70
and the rules of the Texas Natural Resource Conservation Commission.
(Tom Napier) | | | Issue Agreed Order, BM/RM. All Commissioners Agree. | | |
| CONTESTED (Air Quality Enforcement Agreed Orders) | | Item 18.
| Docket No. 96-0950-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Sunray Investments
in Tarrant County; Account No. TA-3155-O; for air quality violations
pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the
Texas Natural Resource Conservation Commission. (Kevin Cauble) | | | Issue Agreed Order, RM/JB. All Commissioners Agree. | | | Item 19.
| Docket No. 96-1245-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Longhorn Sales and
Leasing, Incorporated in Hood County; Account No. HQ-0067-R; for air
quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the
rules of the Texas Natural Resource Conservation Commission. (Mary
Jennings) | | | Issue Agreed Order, RM/JB. All Commissioners Agree. | | | Item 20.
| Docket No. 96-0965-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Taurus Custom
Body and Paint in El Paso County, Account No. EE-1652-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. (Stacey Young) | | | Issue Agreed Order, RM/JB. All Commissioners Agree. | | | Item 21.
| Docket No. 96-0828-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Tara-Mar Products
in Tarrant County; Account No. TA-3091-P; for air quality violations
pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the
Texas Natural Resource Conservation Commission. (Dona Lambacher) | | | Issue Agreed Order, RM/JB. All Commissioners Agree. | | | Item 22.
| Docket No. 96-0684-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of W.P. Ballard &
Company, Inc. in Harris County; Account No. HG-3319-F; for air quality
violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules
of the Texas Natural Resource Conservation Commission. (Lance Owens) | | | Issue Agreed Order, RM/JB. All Commissioners Agree. | | | Item 23.
| Docket No. 96-0607-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Terry the Trader
Paint & Body Shop in Montgomery County; Account No. MQ-0478-M; for
air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and
the rules of the Texas Natural Resource Conservation Commission.
(Miriam Hall) | | | Issue Agreed Order, RM/JB. All Commissioners Agree. | | | Item 24.
| Docket No. 96-0690-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Wil-Cor,
Incorporated in Harris County; Account No. HX-0605-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. (Sheila Smith) | | | Issue Agreed Order, RM/JB. All Commissioners Agree. | | | Item 25.
| Docket No. 96-0606-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Bake-O-Body and
Paint, Inc. in Fort Bend County; Account Number FG-0474-B 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. (Stacey Young) | | | Issue Agreed Order, RM/JB. All Commissioners Agree. | | | Item 26.
| Docket No. 96-0616-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Channel Services
and Sales in Harris County; Account Number HG-9674-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. (Sheila Smith) | | | Issue Agreed Order, RM/JB. All Commissioners Agree. | | | Item 27.
| Docket No. 96-0839-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Buchanan's Auto
Sales in Dallas County; Account No. DB-2437-N; for air quality violations
pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the
Texas Natural Resource Conservation Commission. (Kevin Cauble) | | | Issue Agreed Order, RM/JB. All Commissioners Agree. | | | Item 28.
| Docket No. 96-1244-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of CLK Auto Sales in
Harris County; Account No. HX-0418-H; for air quality violations pursuant
to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural
Resource Conservation Commission. (Mary Jennings) | | | Issue Agreed Order, RM/JB. All Commissioners Agree. | | | Item 29.
| Docket No. 96-0794-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Fort Worth
Aluminum Foundry, Inc. in Tarrant County; Account No. TA-3024-H; for
air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and
the rules of the Texas Natural Resource Conservation Commission. (Kevin
Cauble) | | | Issue Agreed Order, RM/JB. All Commissioners Agree. | | | Item 30.
| Docket No. 96-0608-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Leo's Auto Sales in
El Paso County; Account No: EE-1545-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. (Stacey Young) | | | Issue Agreed Order, RM/JB. All Commissioners Agree. | | | Item 31.
| Docket No. 96-1171-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Global Octanes
Texas, L.P. in Harris County; Account No. HG-3604-D; for air quality
violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules
of the Texas Natural Resource Conservation Commission. (Randy
Norwood). | | | Issue Agreed Order, RM/JB. All Commissioners Agree. | | |
| CONTESTED (Rules) | | Item 32.
| Docket No. 96-1521-RUL. Consideration for publication and hearing of a
proposed amendment to 30 TAC Chapter 114, Section 114.3, regarding
Vehicle Emissions Inspection Requirements; and to the State
Implementation Plan. The proposed amendment will revise the definition of
"primarily operated" to specify that the vehicle emissions inspection
requirements apply to vehicles operated at least 60 calendar days of the year
within a core program area rather than 60 continuous days. (Thomas
Ortiz)(Rule Log #96166-114-AI). | | | Proceed to Publication and Hearing, RM/BM. All Commissioners Agree. | | | Item 33.
| Docket No. 96-1483-RUL. Consideration of publication of new 30 TAC
Sections 210.51-210.55, Subchapter E, Chapter 210, relating to Special
Requirements for Use of Industrial Reclaimed Water. These rules would
facilitate the conservation and reuse of water by authorizing certain
requirements for the use of industrial reclaimed water not specifically
authorized by Chapter 310 relating to the Use of Reclaimed Water. (Tom
Weber) (Rule Log No. 96156-210-WT). | | | Proceed with Publication, BM/JB. All Commissioners Agree. | | | Item 34.
| Docket No. 96-1371-RUL. Consideration for publication of notice and
hearing on a petition by 3M Company for approval of Alternate Control
Requirements under 30 TAC Chapter 115, Subchapter G, Section
115.613(c), concerning Alternate Control Requirements. Approval would
authorize 3M to develop, test, and market two spray adhesive products by
July 1, 1997, and delay compliance with the volatile organic compound
emission limits in Section 115.612(a)(1) of the Chapter 115 consumer
products rule. (Mike Magee) (Rule Log No. 96152-115-SIP). | | | Proceed to Publication and Hearing, RM/BM. All Commissioners Agree. | | | Item 35.
| Docket No. 96-1019-RUL. Consideration for the adoption of new Chapter
122.135, concerning Grandfather Requirements in 30 TAC Chapter 122.
The rule provides an exemption from the requirement to submit grandfather
emission rates in the operating permit application for the owners or
operators of sites subject to the federal operating permits program. The
proposed rule was published in the July 23, 1996, issue of the Texas
Register (21 TexReg 6872). (Jim Dodds) (Rule Log No. 96137-122-AI). | | | Approve Adoption of Rules, RM/JB. All Commissioners Agree. | | | Item 36.
| Docket No. 96-0580-RUL. Consideration for adoption of 30 TAC Chapter
106, Section 106.102, regarding Comfort Heating. If adopted, the rule
would create a new Section 106.102, which is a recodification of current
Standard Exemption No. 3, with changes to allow for burning distillate fuel
oil and to allow for the burning of used oil in comfort space heaters if
certain operational limitations are met. The proposal was published in the
July 12, 1996, issue of the Texas Register (21 TexReg 6412). (Jim
Dodds)(Rule Log No. 96121-106-AI). | | | Continued to October 23, 1996. All Commissioners Agree. | | | Item 37.
| Docket No. 96-0339-RUL. Consideration for adoption of new 30 TAC
Chapter 216, Water Quality Performance Standards for Urban
Development, Subchapter A, Concerning Water Quality Protection Zones.
The rules reflect the implementation of Senate Bill 1017, enacted by the
74th Legislature. These rules will set out the procedures and criteria to be
used by the commission in the review and approval of water quality plans
and amendments submitted for tracts of land designated as water quality
protection zones, designation of water quality protection zones for tracts of
land that are less than 1,000 acres but not less than 500 acres in size,
determination of the adequacy of annual reports submitted for water quality
protection zones and the assessment of fees. The proposed rules were
published in the May 3, 1996 issue of the Texas Register. (Rule Log No.
95147-216-WT) (Arthur Talley). | | | Continued to October 23, 1996. All Commissioners Agree. | | | Item 38.
| Docket No. 96-0581-RUL. Consideration for adoption of 30 TAC Chapter
106, concerning Exemptions from Permitting, Subchapter A, concerning
General Provisions. The adopted rules will establish the general
requirements for exemptions from permitting in the restructured
framework. The proposal was published in the July 12, 1996, issue of the
Texas Register (21 TexReg 6409). (Jim Dodds) (Rule Log No.
96122-106-AI). | | | Continued to October 23, 1996. All Commissioners Agree. | | |
| EXECUTIVE SESSION | | | Item 39.
| Docket No. 96-1539-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. | | | | Item 40.
| Docket No. 96-1540-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. | | | |
| (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
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(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.) | | | |
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A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE
REGISTRATION COULD RESULT IN YOUR MISSING THE
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