|
| UNCONTESTED (Water Well Drillers Advisory Council
Appointment) | | Item 2.
| Docket No. 96-1880-WWD. Consideration for appointment, an
individual to fill an unexpired vacancy on the Texas Water Well
Drillers Advisory Council. The purpose of this council is to advise
the Texas Natural Resource Conservation Commission on matters
regarding the administration of the Water Well Driller and Water
Pump Installer Licensure Programs, Senate Bill 2. (Doretta A.
Conrad) | | | Approve Staff Recommendation, JB/BM. All Commissioners Agree | | |
| CONTESTED (Hearing Request) | | Item 3.
| Docket No. 96-1803-WR. CHARLES JAMES TESAR;
Application No. 5556 for a permit pursuant to §11.121, Texas
Water Code, and Texas Natural Resource Conservation Commission
Rules 30 TAC §§295.1, et seq. for authorization to maintain an
existing dam and 12.5 acre-foot on-channel reservoir on the Blanco
River, tributary of the San Marcos River, tributary of the Guadalupe
River, Guadalupe River Basin, and to divert and use not to exceed
20 acre-feet of water per annum from the reservoir. Diverted water
will be used to irrigate 20 acres of land located approximately 14
miles south southeast of Johnson City, Texas. The Commission will
consider the application and the hearing requests that have been
filed on the application. (Chris Kadas/Lann Bookout) | | | Deny Hearing Request and Issue Permit, JB/RM. All Commissioners Agree | | | Item 4.
| Docket No. 96-1782-AIR. LYONDELL PETROCHEMICAL
COMPANY for a renewal to Air Quality Permit No. 8123 to
continue operation of the Expanded Olefins Unit Nos. 1 and 2. The
location of the facilities 8280 Sheldon Road, Channelview, Harris
County, Texas. (Kerri Rowland/Kate Hauer) | | | | Deny Hearing Request and Issue Permit, requesters have no justisable interest,
JB/RM. All Commissioners Agree | | | Item 5.
| Docket No. 96-1804-AIR. CITGO REFINING & CHEMICALS
INC. for a renewal of Air Quality Permit No. 3119A to continue the
operation of a Sulfur Recovery Plant. The location of the existing
facility is 1801 Nueces Bay Boulevard in Corpus Christi, Nueces
County, Texas. (Laura Rowan/Dana Poppa Vermillion) | | | Deny Hearing Request and Issue Renewal, RM/JB. All Commissioners Agree. | | |
| CONTESTED (District Matter) | | Item 6.
| Docket No. 96-1427-DIS. Consideration of a Proposed Order
Approving Petition by the Board of Directors for Dissolution of
Harris County Municipal Utility District No. 240. The applicant
requests that the Commission dissolve the district. (TNRCC
Internal Control No. 081296-D01, Susan Walton) | | | Approve Staff Recommendation, RM/JB. All Commissioners Agree | | |
| CONTESTED (Air Enforcement Agreed Orders) | | Item 7.
| Docket No. 96-1174-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Johnson Paint and Body in Tarrant County; Account No.
TA-2966-W; 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/JB. All Commissioners Agree | | | Item 8.
| Docket No. 96-1137-AIR-E. Consideration of an Agreed Order
requiring certain actions of Vega's Paint and Body in Dallas County;
Account No. DB-3717-U; 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/JB. All Commissioners Agree | | | Item 9.
| Docket No. 96-0624-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Tenneco Packaging Ltd., in McLennan County; Account No.
MB-0168-G; 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/JB. All Commissioners Agree | | | Item 10.
| Docket No. 96-1668-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Jeff's Auto Sales in Collin County; Account No. CP-0241-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. (Barbara M. Lazard). | | | Issue Agreed Order, RM/JB. All Commissioners Agree | | | Item 11.
| Docket No. 96-1678-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Engineered Carbons, Inc. in Orange County; Account No.
OC-0020-R; 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 Uselton Dyar). | | | Issue Agreed Order, RM/JB. All Commissioners Agree | | | Item 12.
| Docket No. 96-1679-AIR-E. Consideration of an Agreed Order
requiring certain actions of Great Lakes Carbon Corporation in
Jefferson County, Account No. JE-0040-F; 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. (Patricia Capps Welton). | | | Issue Agreed Order, RM/JB. All Commissioners Agree | | Item 13.
| Docket No. 96-0232-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Texas By-Products in Collin County; Account No. CP-0061-K; 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. (Thomas Corwin). | | | Issue Agreed Order, RM/JB. All Commissioners Agree | | | Item 14.
| Docket No. 96-0922-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Bob Meals Company, Inc. in Dallas County; Account No.
DB-2102-B; for air quality violations pursuant to the Texas Clean
Air Act, Chapter 382 and the rules of the Texas Natural Resource
Conservation Commission. (David Edge) | | | Issue Agreed Order, RM/JB. All Commissioners Agree | | | Item 15.
| Docket No. 96-1028-AIR-E. Consideration of an Agreed Order
requiring certain actions of Genes Body Shop in Denton County;
Account No. DF-0380-K; for air quality violations pursuant to the
Texas Clean Air act, Chapter 382 and the rules of the Texas Natural
Resource Conservation Commission. (David Edge) | | | Issue Agreed Order, RM/JB. All Commissioners Agree | | | Item 16.
| Docket No. 96-1176-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Earl's Auto Paint & Body in Dallas County; Account No.
DB-3815-T; 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/JB. All Commissioners Agree | | | Item 17.
| Docket No. 96-0967-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Occidental Chemical Corporation in Harris County; Account No.
HG-1939-G; 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/JB. All Commissioners Agree | | |
| CONTESTED (Petroleum Storage Tank Enforcement Agreed
Orders) | | Item 18.
| Docket No. 96-1717-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Mr. Walid Shaladi in Kaufman County; Enforcement ID No.
E10912; 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, RM/JB. All Commissioners Agree | | | Item 19.
| Docket No. 96-1491-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
John W. Peavy, Jr. in Grimes County; PST Enforcement ID No.
E10634; 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/JB. All Commissioners Agree | | | Item 20.
| Docket No. 96-0089-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Jim Parker in Comanche County; PST Enforcement ID No. E10913;
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/JB. McBee Voted Against. | | | Item 21.
| Docket No. 96-1846-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
W.D. Miller, Inc. in Liberty County; Enforcement ID No. E10561;
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 C. Winter). | | | Issue Agreed Order, RM/JB. All Commissioners Agree | | | Item 22.
| Docket No. 96-0744-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
4230 McCullough Ave., L.L.C., and Ernest Caldwell, Jr. in Bexar
County, Enforcement ID No. E11216; 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 C. Winter). | | | Issue Agreed Order, RM/JB. All Commissioners Agree | | | Item 23.
| Docket No.96-1529-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Wilbanks Oil Co., Inc. in Tarrant County; PST Enforcement
Identification No. E11365; 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 | | |
| CONTESTED (Industrial Waste Discharge Enforcement Agreed
Orders) | | Item 24.
| Docket No. 96-0373-IWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Pioneer Concrete in Kaufman County; for water quality violations
pursuant to Chapter 26 of the Texas Water Code and the rules of the
Texas Natural Resource Conservation Commission. (Keils/Cook). | | | Issue Agreed Order, JB/BM. Marquez Absent | | | Item 25.
| Docket No. 96-1442-IWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
the A.P. Green Industries, Inc. in Hopkins County, Permit No.
02581; for violations pursuant to the Texas Water Code and the
rules of the Texas Natural Resource Conservation Commission.
(Mears/Henry) | | | Issue Agreed Order, JB/BM. Marques Absent | | |
| CONTESTED (Industrial Hazardous Waste Enforcement) | | Item 26.
| Docket No. 96-1692-IHW-E. Consideration of an Amended Order
modifying a previous Agreed Order approved by the Commission on
February 9, 1994, involving Union Pacific Railroad Company in
Bexar County; SWR No. 34950. (Greg Warmink). | | | Approve Staff Recommendation, RM/JB. All Commissioners Agree | | |
| CONTESTED (Municipal Solid Waste Enforcement Agreed
Order) | | Item 27.
| Docket No. 96-1338-MSW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Joe Roland in Caldwell County; Unauthorized Solid Waste Site No.
455110026; for Municipal Solid Waste violations pursuant to the
Texas Solid Waste Disposal Act and the rules of the Texas Natural
Resource Conservation Commission. (John Mead/Steve Shepherd) | | | Issue Agreed Order, JB/RM. All Commissioners Agree | | |
| CONTESTED (RULES) | | Item 28.
| Docket No. 96-1337-RUL. Consideration for adoption of
amendments to Chapter 295, relating to Water Rights, Procedural,
Chapter 297, relating to Water Rights, Substantive, and Chapter
331, relating to Underground Injection Control. If approved, the
amended rules would implement Phase II of the provisions of House
Bill 1989 passed during the 74th Legislature (1995). The proposal
was published in the October 4, 1996 issue of the Texas Register (21
TexReg 9600). (Steve Musick) (Rule Log No. 95172-295-WT). | | | Adopt Amendments as recommended, RM/JB. All Commissioners Agree | | | Item 29.
| Docket No. 96-1594-RUL. Consideration for publication of
proposed amendments to 30 TAC Chapter 331, concerning
Underground Injection Control. The proposed amendments would
maintain Underground Injection Control Program compliance with
federal requirements and provide minor clarifications and
streamlining. (Kathy Vail) (Rule Log No. 96141-331-WS). | | | Publish proposed amendments, RM/JB. All Commissioners Agree | | | Item 30.
| Docket No. 96-0952-RUL. Consideration for the repeal of existing
Sections 285.11-285.18, 285.51-285.63, and 285.101-285.109
(relating to On-Site Wastewater Treatment) and adoption of new
Subchapters A-I, Sections 285.1-285.7, 285.10-285.11, 285.20-285.21, 285.30-285.36, 285.39, 285.40, 285.50-285.63, 285.70,
285.80 and 285.90-285.91 (relating to On-Site Sewage Facilities). If
approved, the new rules will revise existing technical standards of
on-site sewage facilities because of improvements in technology,
establish better training, certification and educational requirements
for persons who install, inspect, and administer OSSFs. The
proposal was published in the July 16, 1996 issue of the Texas
Register (21 TexReg 6578). (James Kowis) (Rule Log No. 95122-285-WT). | | | Approve Staff Recommendation, and adopt rules with changes as noted by staff,
JB/RM. All Commissioners Agree | | | Item 31.
| Docket No. 96-1867-RUL. Consideration for publication and
hearing of proposed new 30 TAC Chapter 321, Subchapter O,
concerning Discharges from Aquaculture Production Facilities. The
new subchapter will streamline the current permitting process by
controlling certain activities by rule, thereby reducing the need for a
commission permit for specific wastewater discharge and waste
handling facilities. (Tom Weber) (Rule Log No. 96171-321-WT). | | | Approve Publication and Hearing, JB/BM. Commissioner Marquez Absent | | | Item 32.
| Docket No. 96-1303-RUL. Consideration for approval of a petition
from the North Central Texas Council of Governments requesting
authorization to establish an Area Emission Reduction Credit
Organization in the Dallas/Fort Worth ozone nonattainment area
pursuant to Chapter 384 of the Texas Health and Safety Code.
(Ruth Reiman, Mike Magee) (Rule Log No. 96151-000-AI). | | | Approve petition as recommended by staff, BM/JB. Commissioner Marquez
Absent | | | Item 33.
| Docket No. 96-1769-RUL. Consideration for publication of, and
hearing upon, a new 30 TAC Chapter 32, concerning Transfers of
Permits, Licenses, and Other Authorizations; and for publication of,
and hearing upon, proposed amendments to 30 TAC Chapter 116,
concerning Control of Air Pollution by Permits for New
Construction or Modification; 30 TAC Chapter 291, concerning
Water Rates; 30 TAC Chapter 293, concerning Water Districts; 30
TAC Chapter 297, concerning Water Rights, Substantial; 30 TAC
Chapter 303, concerning Operation of the Rio Grande; 30 TAC
Chapter 304, concerning Watermaster Operations; 30 TAC Chapter
305, concerning Consolidated Permits; 30 TAC Chapter 312,
concerning Sludge Use, Disposal, and Transportation; 30 TAC
Chapter 321, concerning Control of Certain Activities by Rule; and
30 TAC Chapter 330, concerning Municipal Solid Waste. The
primary purpose of the proposed new chapter and proposed
amendments is to consolidate and streamline requirements for
transfers of permits, licenses and other authorizations. (Vic
Ramirez) (Rule Log No. 96147-032-AD). | | | See Item 39 | | | Item 34.
| Docket No. 96-1833-RUL. Consideration for publication of, and
hearing upon, a proposed new 30 TAC Chapter 50, Section 50.45,
concerning Corrections to Permits; for publication of, and hearing
upon, the proposed repeal of 30 TAC Chapter 291, Section 291.108,
concerning Corrections to Certificates of Convenience and
Necessity, 30 TAC Chapter 297, Section 297.62, concerning
Corrections of Water Rights by the Commission, and 30 TAC
Chapter 305, Section 305.65, concerning Corrections of Permits;
and for publication of, and hearing upon, proposed amendments to
30 TAC Chapter 295, Section 295.158, concerning Notice of
Amendments to Water Rights. The proposed rules would
consolidate under a new section requirements governing
nonsubstantive permit changes, such as corrections of typographical
errors and corrections that provide more accurate information, and
eliminate duplicative program-specific requirements in other
chapters. (Angela Stepherson) (Rule Log No. 96174-050-AD). | | | Approve Publication and Hearing, with changes as noted by General Counsel,
BM/RM. All Commissioners Agree | | |
| EXECUTIVE SESSION | | | Item 35.
| Docket No. 96-1893-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 36.
| Docket No. 96-1894-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
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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. | | | | | | | | | | |