MCBEE
MARQUEZ
BAKER
CONTESTED AGENDA

Wednesday, November 20, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

UNCONTESTED (Awards)
Item 1. Docket No. 96-1792-MIS. Presentation of awards to RCRA inspectors. (Warren)
Awards Presented
UNCONTESTED (Agency Enforcement Report)
Item 2. Docket No. 96-1700-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, Water Quality, and Public Water Supply. The discussion will also include a description of the status of enforcement backlogs. (Anne Dobbs/Paul Sarahan).
No Action Required
UNCONTESTED (Class 3 Modification)
Item 3. 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 of 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)
Issue Class 3 Modification, RM/JB. All Commissioners Agree
CONTESTED (Hearing Request)
Item 4. Docket No. 96-1589-MWD. EAST CENTRAL INDEPENDENT SCHOOL DISTRICT for a permit (Proposed Permit No. 13844-01) to authorize the disposal of treated domestic sewage effluent via irrigation on a minimum of 4-acres of publicly accessible (school athletic field) land. The disposal volume is not to exceed an average of 22,500 gallons per day. Application rates for the irrigated land are not to exceed 3.44 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 3.8 miles east of the intersection of New Sulphur Springs Road and Interstate Highway Loop 410 in Bexar 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 Alternative Dispute Resolution for 4 Weeks, BM/RM. All Commissioners Agree
Item 5. Docket No. 96-1633-AIR. SHELL OIL COMPANY for renewal and consolidation of Air Quality Permit Nos. 3200 and 3201 to authorize the continued operation of Central Power Station Boilers 8610 and 8620. The facility is located at 5900 Hwy 225 in Deer Park, Harris County, Texas. The Commission will consider the applications and the hearing requests that have been filed on the applications. (Kerri Rowland/Erik Hendrickson)
Deny Hearing Request and Consolidate two permits into 3201. RM/BM. All Commissioners Agree
Item 6. Docket No. 96-1632-AIR. FINA OIL & CHEMICAL COMPANY for a renewal of Air Quality Permit No. 3908B authorizing the continued operation of a Trains 5 and 6 Polypropylene Unit. The facility is located at 1818 Battleground Road in Deer Park, Harris County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Kerri Rowland/Timi Dutchuk)
Deny Request for Hearing and Issue Permit based on unreasonable hearing request, RM/BM. All Commissioners Agree
Item 7. Docket No. 96-1570-MWD. FLINTLOCK, LTD. for a permit (Proposed Permit No. 13848-01) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 17,500 gallons per day. The permittee is also requesting a variance to the buffer zone requirements in accordance with 30 TAC Section 309.13(e)(1)(A). The proposed wastewater treatment facilities will provide service to Flintlock, Ltd., an establishment involved in the manufacturing and distribution of decorative candles. The plant site is located 1,400 feet north of the intersection of West Little York Road and Fairbanks North Houston Road in Harris County, Texas. The Commission will consider the application and the hearing requests that have been filed on the hearing requests. (Tom Weber/Robert Martinez)
Deny Hearing Request and Issue Permit, RM/JB. All Commissioners Agree
Item 8. Docket No. 96-1576-AIR. THE GEON COMPANY for Air Quality Permit No. 4678B to authorize the continued operation of a Polyvinyl Chloride Manufacturing Facility. The location of the facility is 1105 Tidal Road in Deer Park, Harris County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Laura Rowan/Tim Friday)
Deny Hearing, Issue Permit, based on unreasonable hearing and not based on competent evidence, RM/JB. All Commissioners Agree
Item 9. Docket No. 96-1577-AIR. LONE STAR INDUSTRIES, INC. for Air Quality Permit No. 7681 authorizing the continued operation of the Raw Mills and Heaters Facility. The facility id located 3/4 mile north of Naryneal on the State Highway 608 West in Sweetwater, Nolan County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Laura Rowan/Mike Gould)
Continued Until December 4, 1996
Item 10. Docket No. 96-1593-AIR. LYONDELL-CITGO REFINING COMPANY, LTD. for a renewal of Permit No. 2153 authorizing the continued operation of Boilers 14 and 15. The facility is located 12000 Lawndale, Houston, Harris County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Scott Humphrey/Melissa Forey)
Approve Public Interest Counsel Recommendation, (Recommend Denial of Hearing Request, not under 1125, but rather under our commission rules with regard to hearing request, recommending it is an unreasonable hearing request, JB/RM. All Commissioners Agree
Item 11. Docket No. 96-1591-MWD. WELLBORN RESOURCES LLC for a permit (Proposed Permit No. 13850-01) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 120,000 gallons per day. The Wellborn Resources LLC Wastewater Treatment Facilities are 4500 feet southwest of Farm-to-Market Road 2154 on Koppe Bridge Road and approximately 1 mile south of Wellborn in Brazos County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Robert Martinez)
Deny Hearing Request and Issue Permit on grounds of non-judiciable Interest, RM/JB. All Commissioners Agree
Item 12. Docket No. 96-1592-UIC. URI, Inc. for Permit Nos. WDW-250, WDW-308 and WDW-309. WDW-250 is an amendment in order to allow URI to accept waste for disposal from Phone-Poulenc's Freeport Rare Earth Facility and also an amendment to authorize a change to the top of the permitted injection interval at the Rosita Mining Project. The Rosita Mining Project is approximately 11 miles north west of San Diego in Duval County, Texas. Permit Nos. WDW-308 and WDW-309 are to authorize drilling and operation of two non-hazardous waste disposal wells at the Vasquez Mining Project. The Vasquez Mining Project is approximately four miles north of Hebbronville near State Highway 16 in southern Duval County, Texas. The Commission will consider the applications and the hearing requests that have been filed on the applications. (Sharon Smith/Alice Rogers)
See Item 50
CONTESTED (Consider Opposition and Comments)
Item 13. Docket No. 96-1638-MWD. MILFORD INVESTMENTS, INC. for a permit (Proposed Permit No. 13846-01) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 61,000 gallons per day. The wastewater treatment facility will serve the Milford Investments, Inc. - Grand Ranch subdivision. The wastewater treatment facilities are 1,000 feet south of County Road 915 and approximately 1.3 miles west of Farm-to-Market Road 1902 in Johnson County, Texas. The Commission will consider the application and the opposition and comments that have been filed on the application.
Mediated by Alternative Dispute Resolution Office, Issue permit with changes as agree on, BM/RM
CONTESTED (Levy of Standby Fee)
Item 14. Docket No. 96-1324-DIS. Consideration of a proposed order approving an application by Three Lakes Municipal Utility District of Harris County for approval of standby fees. For Commission consideration. Applicant requests approval of the levy of a standby fee to supplement the operations and maintenance account. (TNRCC Internal Control No. 040896-D02, Robert Cummins)
Approve Staff Recommendation, JB/RM. All Commissioners Agree
CONTESTED (Petroleum Storage Tank Enforcement Agreed Orders)
Item 15. Docket No. 96-1213-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mayfair Minerals, Inc. in Hidalgo County; PST Enforcement Identification No. E11616; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Sushi Modak)
Issue Agreed Order, BM/JB. Commissioner Marquez Absent.
Item 16. Docket No. 96-1212-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gooding Oil, Inc. in Medina County; Enforcement ID No. E11609, Facility No. 1247; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman).
Issue Agreed Order, BM/JB. Commissioner Marquez Absent.
CONTESTED (Air Quality Enforcement Agreed Orders)
Item 17. Docket No. 96-1013-AIR-E. Consideration of an Agreed Order requiring certain actions of A.Z. Auto Sales in El Paso County; Account No. EE-1803-N; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 18. Docket No. 96-1385-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Credit Auto Sales in Kaufman County; Account No. KB-0152-J; 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/BM. All Commissioners Agree
Item 19. Docket No. 96-0876-AIR-E. Consideration of an Agreed Order requiring certain actions of D.J. Paint & Body Shop in Harris County; Account Number HX-0795-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. (Sheila Smith)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 20. Docket No. 96-0983-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dixie Chemical Company in Harris County; Account No. HG-0199-M; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Gloria Stanford)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 21. Docket No. 96-0877-AIR-E. Consideration of an Agreed Order requiring certain actions of Jaguar Paint & Body Shop in Harris County; Account No. HX-0621-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. (Sheila Smith)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 22. Docket No. 96-1381-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jones and Sons Auto Sales in Kaufman County; Account No. KB-0155-D; 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/BM. All Commissioners Agree
Item 23. Docket No. 96-1251-AIR-E. Consideration of an Agreed Order requiring certain actions of Kemco-Hunter Chemical Company in Harris County; Account No. HG-0421-L; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 24. Docket No. 96-1170-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Milwhite, Incorporated in Culberson County; Account No. C2-0004-K; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 25. Docket No. 96-0827-AIR-E. Consideration of an Agreed Order requiring certain actions of Pressing Answers, Incorporated in Tarrant County; Account No. TA-3006-J; 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/BM. All Commissioners Agree
Item 26. Docket No. 96-1183-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tello's Paint and Body Shop in Galveston County; Account No. GB-0534-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. (Sheila Smith)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 27. Docket No. 96-1384-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The Car Lot, Incorporated in Dallas County; Account No. DB-3240-E; 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/BM. All Commissioners Agree
Item 28. Docket No. 96-0850-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Truman Arnold Companies in Hunt County; Account No. HV-0073-S; 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/BM. All Commissioners Agree
Item 29. Docket No. 96-0836-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Victor Equipment Company in Denton County; Account No. DF-0048-V; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Carl Schnitz)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 30. Docket No. 96-0878-AIR-E. Consideration of an Agreed Order requiring certain actions of AA Manufacturing, Incorporated in Dallas County; Account No. DB-3830-A; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 31. Docket No. 96-0610-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chavez Trucking, Inc. in El Paso County; Account No. EE-0461-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. (Sheila Smith)
Issue Agreed Order, RM/BM. All Commissioners Agree
CONTESTED (Municipal Waste Discharge Enforcement Agreed Orders)
Item 32. Docket No. 96-0532-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Cactus in Moore County, Permit No. 03436; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission and Permit No. 03436. (Meyer/Henry)
Issue Agreed Order, BM/RM. All Commissioners Agree
Item 33. Docket No. 96-1308-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Atlanta in Cass County, Permit No. 10338-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Mears/Henry)
Issue Agreed Order, BM/RM. All Commissioners Agree
Item 34. Docket No. 96-1554-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Town of Broaddus in San Augustine County; Permit No. 11772-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Meyer/Henry)
Issue Agreed Order, BM/RM. All Commissioners Agree
CONTESTED (Public Water Supply Enforcement Agreed Order)
Item 35. Docket No. 95-0908-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Houshang Solhjou in Harris County; PWS Nos. 1010524 and 1010826; for public water system violations pursuant to the Texas Health and Safety Code, Chapter 341, Subchapter C and the rules of the Texas Natural Resource Conservation Commission. (G. Henry)
Issue Agreed Order, RM/BM. All Commissioners Agree
CONTESTED (Industrial Hazardous Waste Enforcement Agreed Order)
Item 36. Docket No. 96-0729-IHW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Zamudio Y Asociados In Webb County; SWR No. 83986; for industrial and hazardous waste violations pursuant to Chapters 5 and 26 of the Texas Water Code, the Solid Waste Disposal Act, Chapter 361 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Vic McWherter).
Issue Default Order, RM/BM. All Commissioners Agree
CONTESTED (Industrial Waste Discharge Enforcement Agreed Order)
Item 37. Docket No. 96-1133-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Global Evangelism, Inc. in Bexar County; No Permit; for water quality violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Raymond C. Winter).
Issue Agreed Order, RM/BM. All Commissioners Agree
CONTESTED (Water Well Drillers Enforcement Agreed Order)
Item 38. Docket No. 96-0660-WWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Paul Higgins in Hood County; License No. 2548-W; for violations pursuant to Chapter 32 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils).
Issue Agreed Order, RM/JB. All Commissioners Agree
CONTESTED (Contract)
Item 39. Docket No. 96-1770-CON. Consideration of a Commission Resolution authorizing the Executive Director to amend Contract No. 5500900000, the site activities services at leaking petroleum storage tank (LPST) site contract between the TNRCC and Enprotec, Inc. The amendment will add $500,000 to the contract to provide site activities which occur in response to situations causing a threat to human health and safety. This amendment will raise the total contract amount from $1,000,000.00 to $1,500,000.00. (Marvin/Windbigler)
Amend Contract as Recommended, RM/JB. All Commissioners Agree
CONTESTED (Rules)
Item 40. Docket No. 96-0802-RUL. Consideration for adoption of the repeal of 30 TAC Chapter 338, concerning well drillers and water well pump installers, and a new 30 TAC Chapter 238, concerning well drillers and water well pump installers. If approved these rules would allow the use of new and proven technology for well drilling, pump installation, and well plugging without requiring owners/operators to obtain a variance from the current rule requirements. The proposal was published in the July 5, 1996, issue of the Texas Register (21 TexReg 6207). (Rule Log No. 95132-338-WT). (Beecher Cameron).
Adopt Repeal of 30 TAC 338, and new 30 TAC Chapter 238 as recommended by Staff, RM/JB. All Commissioners Agree
Item 41. Docket No. 96-1336-RUL. Consideration for adoption of the repeal of 30 TAC Chapter 101, Section 101.25, concerning Fees for Registration of Non-Permitted Facilities. If adopted, this will repeal the fees for a one-time statutory registration requirement that no longer exists. The proposal was published in the September 10, 1996, issue of the Texas Register (21 TexReg 8646). (Steve Ortiz). (Rule Log No. 96153-101-AI).
Approve Staff Recommendation, RM/JB. All Commissioners Agree
Item 42. Docket No. 96-1271-RUL. Consideration for adoption of the repeal of 30 TAC Chapter 121, regarding Control of Air Pollution from Municipal Solid Waste Facilities. If adopted, the repeal would remove obsolete requirements. The proposal was published in the September 3, 1996, issue of the Texas Register (21 TexReg 8385). (Mike Magee) (Rule Log No. 96144-121-AI).
Approve Staff Recommendation, JB/RM. All Commissioners Agree
Item 43. Docket No. 96-1088-RUL. Consideration for adoption of a new 30 TAC Chapter 330, Subchapter R, Section 330.860, relating to Management of Whole Used or Scrap Tires. If adopted, 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 would replace a similar emergency rule adopted on June 26, 1996. The list would be used to implement clean up and recycling efforts. The proposal was published in the September 24, 1996, issue of the Texas Register (21 TexReg 9135). (Mark Vickery) (Rule Log No. 96146-330-WS).
Approve Staff Recommendation, RM/BM. All Commissioners Agree
Item 44. Docket No. 96-1279-RUL. Consideration for adoption of new 30 TAC Section 7.110, concerning a Memorandum of Understanding (MOU) between the Texas Natural Resource Conservation Commission (commission) and the Texas Department of Public Safety (department). If adopted, the MOU would establish areas of each agency's responsibility and a formal mechanism by which the two agencies will share information and coordinate Inspection/Maintenance (I/M) program planning implementation, oversight, and evaluation. The proposal was published in the September 3, 1996 issue of the Texas Register (21 TexReg 8382). (Thomas Ortiz) (Rule Log No. 96125-007-AI).
Approve MOU, with changes as recommended, BM/JB. All Commissioners Agree
Item 45. Docket No. 96-1697-RUL. Consideration for publication of, and hearing upon, a new 30 TAC Chapter 101, Section 101.12, concerning Temporary Exemption During Drought Conditions. The proposed new section would provide a temporary exemption during specific drought conditions from air quality requirements to apply water to suppress emissions. (John Gillen), (Rule Log No. 96155-101-AI).
Approve Staff Recommendation, JB/RM. All Commissioners Agree
EXECUTIVE SESSION
Item 46. Docket No. 96-1793-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 47. Docket No. 96-1794-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, November 20, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 48. Docket No. 96-1636-RUL. Consideration for publication of and hearing on proposed amendments to 30 TAC §116.610, concerning Applicability; §116.611, concerning Registration Requirements; §116.615, concerning General Conditions; the repeal of existing §116.617, concerning Standard Permits List; proposed new §116.617, concerning Standard Permits for Pollution Control Projects; the repeal of 30 TAC §115.950, concerning Standard Construction Permit for Volatile Organic Compound Control Projects; the repeal of 30 TAC §117.550, concerning Standard Construction Permits for Nitrogen Oxides Reasonably Available Control Technology Projects; and revisions to the State Implementation Plan regarding these proposed amendments and repeals. The proposed rule changes would streamline requirements for standard air permits for pollution control projects and eliminate largely duplicative rules in multiple chapters. (Randy Hamilton) (Rule Log No. 96105-115-AI)
Go forth with Publication and Hearing, RM/JB. All Commissioners Agree
Item 49. Docket No. 96-0953-RUL. Consideration of the adoption of the repeal of 30 TAC Chapter 313 and the adoption of new Chapter 213, relating to the Edwards Aquifer. The new rules establish regulations for activities having the potential for causing pollution of the Edwards Aquifer; streamline and consolidate the predecessor Chapter 313, Edwards Aquifer, as part of the Commission's regulatory reform process; and respond to public comment received pursuant to Section 26.046 of the Texas Water Code. These rules set 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)
Continued to November 25, Work Session


SECOND ADDENDUM TO AGENDA

Wednesday, November 20, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 50. Docket No. 96-1592-UIC. The Commission will consider the request by URI, Inc. to withdraw without prejudice several applications concerning injection wells for waste disposal. The request for withdrawal concerns two applications on permit No. WDW-250, an injection well at the Rosita Mining Project which is approximately 11 miles north west of San Diego in Duval County; one application would allow URI to accept waste for disposal from Rhone-Poulenc'e Freeport Rare Earth Facility; the other application concerns an amendment to authorize a change to the top of the permitted injection interval. The request for withdrawal also concerns applications for permit Nos. WDW-308, WDW-309, injection wells at the Vasquez Mining Project which is approximately four miles north of Hebronville near State Highway 16 in southern Duval County. (Sharon Smith/Alice Rogers)
Approve Withdrawal of applications without prejudice, RM/JB. All Commissioners Agree


OLD BUSINESS AGENDA

Wednesday, November 20, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of September 11, 1996.

Item 1. Docket No. 95-1047-DIS. CONSIDERATION OF A PROPOSED ORDER REGARDING AN APPLICATION BY HICKORY CREEK WATER SUPPLY CORPORATION FOR CONVERSION TO HICKORY CREEK SPECIAL UTILITY DISTRICT OF COLLIN, FANNIN AND HUNT COUNTIES. For Commission consideration. Applicant requests approval to convert to a Special Utility District. (TNRCC Internal Control No. 061695-D01; Robert Cummins)
Issue Order as Recommended by Staff, JB/RM. All Commissioners Agree
Item carried forward from Agenda of November 6, 1996.
Item 2. Docket No. 96-1646-SPF. Consideration of an agreed administrative order requiring performing respondents to conduct remedial design/remedial action and post-closure activities at the Niagara Chemical State Superfund Site in Harlingen, Cameron County, Texas.
Issue Agreed Administrative Order, RM/JB. All Commissioners Agree
Item carried forward from Agenda of November 6, 1996.
Item 3. Docket No. 96-1636-RUL. Consideration for publication of and hearing on proposed amendments to 30 TAC Section 116.610, concerning Applicability; Section 116.611, concerning Registration Requirements; Section 116.615, concerning General Conditions; the repeal of existing Section 116.617, concerning Standard Permits List; proposed new Section 116.617, concerning Standard Permits for Pollution Control Projects; the repeal of 30 TAC Section 115.950, concerning Standard Construction Permit for Volatile Organic Compound Control Projects; and the repeal of 30 TAC Section 117.550, concerning Standard Construction Permits for Nitrogen Oxides Reasonably Available Control Technology Projects. The proposed rule changes would streamline requirements for standard air permits for pollution control projects and eliminate largely duplicative rules in multiple chapters. (Randy Hamilton)(Rule Log No. 96105-115-AI).
See Item #48.
Item carried forward from Agenda of November 6, 1996.
Item 4. Docket No. 96-1727-PC. Consideration of an Order approving a "Forbearance Agreement" between the Executive Director of the Commission and Baby Superstores, Inc. under which the Commission agrees to forbear from taking enforcement action against Baby Superstores from liability that might arise due to contamination at a site owned by the City of Gainesville at 2300 Bonnavilla Dr., Gainesville, Cooke County, Texas, known as the Gainesville Airport. (Bob Sweeney)
Continued to December 4, 1996
Item carried forward from Agenda of November 6, 1996.
Item 5. TNRCC Docket No. 95-1699-MSW; SOAH Docket No. 582-96-0001. Consideration of Administrative Law Judge's Proposal for Decision, and Permit concerning the application of Browning-Ferris, Inc. for Permit No. 1410-B to authorize the operation of Municipal Solid Waste Type I Site in Bexar County, Texas. Recommendation: Issuance of permit. (ALJ): Kerry Sullivan.
Move to remand back to SOAH for a more complete record and move to reconsider our previous motion, JB/RM. All Commissioners Agree


ADDENDUM TO OLD BUSINESS AGENDA

Wednesday, November 20, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 6. Docket 96-1665-EXE. Consideration of a legislative appropriation request to compensate Tejas Testing Technology One, L.C. and Tejas Testing Technology Two, L.C. in accordance with section 9.3 of the Contracts for the Motor Vehicle Inspection/Maintenance Program, State of Texas, Dallas/Fort Worth and Southeast Regions.
Approve Staff Recommendation. BM/JB All Commissioners Agree


AGENDA

Wednesday, November 20, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 1. TNRCC Docket No. 95-1194-MSW-E; SOAH Docket No. 582-96-0559. Consideration of Administrative Law Judge's Proposal for Decision & Order concerning the Petition of the Executive Director of TNRCC for an order assessing penalties against Scrap Tire Recycling, Inc., and requiring certain actions in Harris County, Texas. Penality Requested: $29,940. Recommendation: Issuance of enforcement order. ALJ: Bill Ehret
Adopt Administrative Law Judges Proposal for Decision and Issue Order, RM/BM. All Commissioners Agree
Item 2. TNRCC Docket No. 95-1270-IHW-E; SOAH Docket No. 582-95-1654. Consideration of Administrative Law Judge's Proposal for Decision & Order concerning the motion in favor of the Executive Director of the Texas Natural Resource Conservation Commission for summary disposition and the petition of the Executive Director seeking revocation of Permits No. HW-50003, WDW-73 and WDW-138 issued to Malone Service Company, Galveston, County, Texas. Recommendation: Grant Summary disposition and revoke permits. ALJ: Carol Wood
Continued to December 18, 1996
Item 3. TNRCC Docket No. 95-1341-AGR; SOAH Docket No. 582-96-1657. Consideration of Administrative Law Judge's Proposal for Decision & Order concerning the petition of the Executive Director and the petition of Lodia Hernandez, et al. for suspension and/or revocation of Permit No. 01926 issued to Craig B. Silverthorne dba Plainview Feedyard in Hale County, Texas. Recommendation: Revocation of permit. (ALJ): Elizabeth Todd
Adopt Proposal for Decision, RB/RM. Friendly Motion to base our motion for ground of abandonment, BM/RM All Commissioners Agree
Item 4. TNRCC Docket No. 96-0248-DIS; SOAH Docket No. 582-96-0687. The Commission will consider a motion for rehearing concerning the Commission's order on the application by Northwest Harris County Municipal Utility District No. 24 for renewal of standby fees. The Commission order, mailed on October 15, 1996, approved the district application.
Deny Motion for Rehearing, BM/RM All Commissioners Agree


ADDENDUM TO AGENDA

Wednesday, November 20, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 5. Docket No. 96-1151-IWD. Consideration of a Motion for Rehearing filed by Diane Wilson and the Calhoun County Resource Watch. This motion for rehearing concerns the Commission's order issued on October 7, 1996 regarding the application of Union Carbide Company for an amendment to permit No. 00447 and the movants' hearing requests. The amendment establishes interim effluent limits for biochemical oxygen demand and total suspended solids and establishes final effluent limits to account for wet weather flow. The applicant operates a plant which manufactures organic chemicals, plastics, and industrial gases. The plant site is on the east side of State Highway 185 approximately 8,000 feet south of the intersection of State Highway 185 and State Highway 35 and approximately eight miles north of the City of Seadrift, Calhoun County, Texas.
Deny Motion for Rehearing, RM/JB All Commissioners Agree
Item 6. Docket No. 96-1662-SLG. Consideration of motions for reconsideration concerning the issuance by the executive director of registration No. 71739 to Cary Juby and F. Eugene Juby on September 17, 1996. This registration authorizes the land application of certain domestic wastewater treatment sludge, water treatment sludge and domestic septage products. This site is located on the northwest side of the intersection of State Highway 183 and County Road 210. This intersection is approximately 1500 feet south of Briggs in Burnet County, Texas.
Remand to Alternative Dispute Resolution Office for four weeks to allow for facilitating and extend time for consideration of Motion for Reconsideration for 30 days, RM/BM All Commissioners Agree