| Item 1. | Docket No. 97-0191-AIR. SHELL OIL COMPANY for renewal of Air Quality Permit No. 7621 to authorize continued operation of an existing Lube Oil Hydrotreater 2/Medium Viscosity Index Units. The facility is located at 5900 Highway 225 at Battleground Road, Deer Park, Harris County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Maria Sanchez/Kate Hauer) |
| Item 2. | Docket No. 97-0202-AIR. ARCO Chemical Company for an amendment to Air Quality Permit No. 4121 to modify the Propylene Oxide/Styrene Monomer I and Ethylbenzene Unit I Continuous Flare and to consolidate an unnumbered Standard Exemption for a wastewater stripper system into the permit. The existing facility is located at 2502 Sheldon Road in Channelview, Harris County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Peter Gregg/Ramiro Cruz) |
| Item 3. | Docket No. 97-0159-IHW. LA GLORIA OIL AND GAS COMPANY, P.O. Box 840, Tyler, Texas 75710 has applied to the Texas Natural Resource Conservation Commission (TNRCC or Commission) for major amendment to Permit No. HW-50062-000 in order to authorize a Corrective Action Program to remediate contaminated ground water through issuance of a compliance plan (Proposed Compliance Plan No. CP-50062-000). The compliance plan will authorize and require La Gloria Oil and Gas Company to monitor the concentration of hazardous constituents in ground water and remediate ground-water quality to specified standards. La Gloria Oil and Gas Company operates a petrochemical refinery. Wastes are generated on-site from the manufacture of petrochemical products. The plant is located on a 290-acre tract of land approximately 0.5 mile west of the intersection of Commerce Street and Loop 323 in Tyler, Smith County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Sharon Smith/John Clegg) |
| Item 4. | Docket No. 97-0201-WR. Consideration of an Order Assessing Cost of Watermaster Operations in the Rio Grande reducing the Fiscal Year 1997 annual assessment by approximately 60%. At the request of The Lower Rio Grande Valley District Managers Association, a year long review of revenues and expenditures under Fund 158 was completed indicating that inadvertent charges were made to the Fund, in prior years, which were unrelated to the Watermaster Program. Therefore, a credit of $307,892 was made to the fund and the review of the fund identified a $514,128.50 beginning balance (for Fiscal Year 1997) which exceeds the total fiscal year assessment need for the program. A reduced assessment of $184,874.50 is proposed because of the high annual beginning balance to cover the programs operational costs. The resulting discount will provide much needed economic assistance to water right holders who have been hurt by the drought. (Martinez/Hoffman) |
| Item 5. | Docket No. 96-1940-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING AN APPLICATION BY MEMORIAL POINT UTILITY DISTRICT OF POLK COUNTY FOR APPROVAL OF STANDBY FEE. For Commission consideration. The District's application requests approval of the levy of a uniform annual standby fee to supplement operations and maintenance account. (TNRCC Internal Control No. 083096-D01, Robert Cummins) |
| Item 6. | Docket No. 96-1149-RES. Consideration of a Resolution Rescinding a Commission Resolution issued under Docket No. 96-1149-RES, dated October 24, 1996, concerning the suspension of processing of Temporary Permit Applications in the Brazos River Basin upstream of Lake Georgetown and Lake Limestone and the Colorado River Basin upstream of and including Lake Austin and the Mainstem Colorado River. Due to current rainfall and the recovery of storage in reservoirs in the areas of concern, the Commission should rescind the order to allow normal temporary permitting activities in these areas. (Sokulsky) |
| Item 7. | Docket No. 97-0281-RES. A temporary resolution authorizing the Executive Director to issue federal operating permits in accordance with sections 382.054 and 382.0543, Texas Health and Safety Code, on behalf of the Commission, and to make delegations of this authority to staff. |
| Item 8. | Docket No. 96-0709-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Bliss Moore Gayken in Hidalgo County; Enforcement ID No. E11398; 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). |
| Item 9. | Docket No. 96-1841-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Gabbert Oil Company, Inc. in Lubbock County; Enforcement ID No. E10882; 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). |
| Item 10. | Docket No. 96-1209-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Walnut-Forbes and Mohedi Momin, Facility ID No. 36107; Enforcement ID No. E11679, for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission (Ray Winter). |
| Item 11. | Docket No. 96-0306-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Woody Land & Cattle Company; and of O&A Tex-Pack Express, Inc., in Lubbock County; Enforcement ID No. E11487; 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). |
| Item 12. | Docket No. 96-1549-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Metro Suppliers, Inc. in Travis County; Facility Identification No. 47979; for a petroleum storage tank violation pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson) |
| Item 13. | Docket No. 96-0645-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Burton Oil Co., Inc. in Collin County; PST Enforcement Identification No. E11527; for petroleum storage tank violations pursuant to the Texas Health and Safety Code, Chapter 382, and the rules of the Texas Natural Resource Conservation Commission. (Adele Noel) |
| Item 14. | Docket No. 96-1047-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Riad Saidi in Harris County; PST Enforcement Identification No. E11585; for petroleum storage tank violations pursuant to the Texas Health and Safety Code, Chapter 382, and the rules of the Texas Natural Resource Conservation Commission. (Adele Noel) |
| Item 15. | Docket No. 96-0316-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lubbock County Water Control & Improvement District #1 in Lubbock County; PST Enforcement Identification No. E11437; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson) |
| Item 16. | Docket No. 96-0671-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Robert Lawrence, dba Gary James Paint and Body, Dallas County; Account Number DB-3885-V; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission (Mary R. Risner). |
| Item 17. | Docket No. 96-0759-WWD-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Michael Stewart Shepherd in Uvalde County; Water Well Driller License No. 2494-W; for water well drilling violations pursuant to Chapter 32 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission (Guy Henry/Lee Parham). |
| Item 18. | Docket No. 96-0758-WWD-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Steven Gerald Biffle in Denton and Collin Counties; Water Well Driller License No. 2771-WPKL (expired); for water well drilling and water well pump installing violations pursuant to Chapters 32 and 33 of the Texas Water Code, respectively, and the rules of The Texas Natural Resource Conservation Commission (Guy Henry/Lee Parham). |
| Item 19. | Docket No. 96-0354-WWD-E. Consideration of a Default Order assessing administrative penalties against Arnoldo Mireles dba Falfurrias Water Pump Services in Brooks County; for violations pursuant to Chapters 32 and 33 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils/Lee Parham). |
| Item 20. | Docket No. 96-1363-WWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Link Benson of Terry County; Water Well Pump Installer License No. 4461I for water well driller/pump installer violations pursuant to Chapter 32 of the Texas Water Code. (Lee Parham) |
| Item 21. | Docket No. 96-1367-WWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Joe Hogan of Victoria County; Water Well Driller License No. 2498W; for water well driller violations pursuant to Texas Water Code Chapter 32 and the rules of the Texas Natural Resource Conservation Commission. (30 TAC Chapter 338) (Lee Parham) |
| Item 22. | Docket No. 96-1630-MLM-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Cuadrilla Improvement Corporation Water and Wastewater Facilities in El Paso County; expired Wastewater Permit No. 13530-001 and Public Drinking Water Supply No. 0710095 for Wastewater and Public Drinking Water violations pursuant to Chapters 13 and 26 of the Texas Water Code, Chapter 341 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission (Keils/Lehmkuhle). |
| Item 23. | Docket No. 95-1273-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Jacksonville in Cherokee County; Permit Nos. 10693-001 and 10693-003; for violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission (Kathy Keils/Pam Campbell). |
| Item 24. | Docket No. 96-1402-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Buffalo Creek Utility, Inc. in Rockwall County; Permit No. WQ0011974-001; for permit violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (G. Henry\S. Pussman) |
| Item 25. | Docket No. 96-1100-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Roanoke Hills Water Supply Corporation in Denton County; PWS No. 0610103; for drinking water quality violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission (Lisa Uselton Dyar). |
| Item 26. | Docket No. 96-0680-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of William Robotham dba Blueberry Hill Water System; PWS No. 1700007, CCN No. 12230; for drinking water quality violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission (Booker Harrison). |
| Item 27. | Docket No. 96-1706-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Marvin & Irene Shead d\b\a Roadrunner-BMX in Galveston County; PWS No. 0840223; for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Katharine Wheatley and Sabelyn Pussman) |
| Item 28. | Docket No. 96-1220-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Phil Clemente dba Northeast Mobile Home Park in Denton County; PWS No. 0610090; for public water system violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Terry Thompson) |
| Item 29. | Docket No. 96-1954-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dittmar Lumber Corporation in Ellis County; ISW Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Ravi Rao) |
| Item 30. | Docket No. 96-0855-LII. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Victor Maldonado in Bexar County; Landscape Irrigator License No. 2169; for landscape irrigation installation violations pursuant to Chapter 34 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (30 TAC Chapter 344) (Lee Parham) |
| Item 31. | Docket No. 96-1833-RUL. Consideration for adoption of a new 30 TAC Chapter 50, Section 50.45, concerning Corrections to Permits; for the 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 adoption of amendments to 30 TAC Chapter 295, Section 295.158, concerning Notice of Amendments to Water Rights. If approved, the 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. The proposed rules were published in the January 10, 1997, issue of the Texas Register (22 TexReg 592). (Angela Stepherson) (Rule Log No. 96174-050-AD). |
| Item 32. | Docket No. 96-1697-RUL. Consideration for adoption of a new 30 TAC, Chapter 101, Section 101.12, concerning Temporary Exemption During Drought Conditions. The new section would provide a mechanism to request temporary exemption from air quality regulations which require water to be used to control emissions during a drought. The proposal was published in the December 10, 1996, issue of the Texas Register (21 TexReg 11813). (John Gillen)(Rule Log No. 96155-1010-AI). |
| Item 33. | Docket No. 96-1483-RUL. Consideration for adoption of new 30 TAC Chapter 210 Subchapter E, Sections 210.51-210.55, concerning Special Requirements for Use of Industrial Reclaimed Water. If approved, 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 210 relating to the Use of Reclaimed Water. The proposal was published in the October 22, 1996 issue of the Texas Register (21 TexReg 10370). (Tom Weber) (Rule Log No. 96156-210-WT). |
| Item 34. | Docket No. 97-0283-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 35. | Docket No. 97-0284-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. |
| Item 36. | Docket No. 97-0285-EXE. The Commission will consider in open meeting legislative matters related to its jurisdiction, including proposed legislation and related position papers, briefing materials, and status reports. The Commission may also meet in closed meeting to receive legal advice regarding these matters as authorized by Section 551.071 of the Open Meetings Act, Chapter 551 of the Government Code. Any Commission action, decision or vote on these matters will be made in open meeting in accordance with Section 551.102 of the Open Meetings Act, Chapter 551 of the Government Code. |
| Item 37. | DOCKET NO. 97-0287-MWD. Consideration of an application from Lake LBJ Municipal Utility District No. 1, in Llano County, for an Emergency Order. Lake LBJ MUD is requesting this emergency order to land apply 80 acre-feet of treated domestic wastewater effluent on 75 acres of a 82 acre tract. The disposal of the wastewater effluent is unavoidable as Lake LBJ MUD must remove the water in a holding pond to make necessary and unforeseen repairs to the pond liner. |
| Item 38. | Docket No. 97-0244-PC. Consideration of an Agreed Order requiring NL Industries, Inc. and Dixie Metals Company to enter into the Voluntary Cleanup Program to perform a cleanup at the Cadillac Heights neighborhood in Dallas, Texas. The Order would be issued pursuant to Section 26.019 of the Water Code which authorizes the Commission to issue Orders to effectuate the purposes of that chapter. Attached to this Order is the Companies’ consent to an Order pursuant to Section 361.272 of the Texas Health and Safety Code to be issued if the Companies do not carry out the purposes of the 26.019 Order. This Order would supersede a previous Order issued by the Commission, Docket No. 96-1988-PC, on February 5, 1997 pursuant to Section 361.191 of the Texas Health and Safety Code. |
| Item 39. | Docket No. 97-0313-EXE. The Commission will meet in closed session to receive legal advice concerning the following pending litigation: In Re Tejas Testing Technology One, L.C. and Tejas Testing Technology Two, L.C., Case Nos 95-12265 and 95-12266, Jointly Administered under Case No. 95-12265-FM in the United State Bankruptcy Court for the Western District of Texas--Austin Division; and Tejas Testing Technology One, L.C. and Tejas Testing Technology Two, L.C., Plaintiffs v. Texas Natural Resource Conservation Commission, Barry McBee, Ralph Marquez, John Baker, Dan Pearson, Dan Morales, James R. Wilson, and William G. Burnett, Defendants, Cause No. A-96-CA-70JRN, in the United States District Court for the Western District of Texas--Austin Division, and Cause No. 95-14621 in the Travis County District Court, 345th Judicial District. The authority for the closed session is Section 551.071 of the Open Meetings Act, pursuant to Section 551.071 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. The Commission may also meet in open session to take action on this matter, as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. |
| Item 40. | Docket No. 97-0101-AGR. Consideration of the Motion for Reconsideration and Motion for Rehearing filed by Lingleville Independent School District concerning the application of Robert Lueck for Permit-by-Rule No. 03439. The Commission's order dated February 20, 1997 affirmed the Executive Director's determinations of October 30, 1996 and December 31, 1996 that no comments submitted demonstrated technical merit. The Executive Director issued Permit-by-Rule No. 03439 to Robert Lueck on February 26, 1997. Permit-by-Rule No. 03439 authorizes Robert Lueck to confine a maximum of 1570 head at a dairy facility located near Lingleville in Erath County. |
| Item 1. | Docket No. 96-1512-RUL. Consideration for adoption of proposed amendments to 30 TAC Chapters 1, 50, 55, 80, 116, 312, 321, 330, 332, and 337. The proposed amendments are made as part of the Commission’s efforts to revise and clarify its rules on procedural requirements. The amendments concern public participation in the permitting process, the Commission’s evaluation of hearing requests, the Executive Director’s approval of uncontested applications, withdrawing an application, and other procedural issues. The Commission will also consider the adoption of an amendment to the State Implementation Plan concerning these issues. The proposed changes were published in the Texas Register on October 25, 1996 (21 TexReg 10477). |
| Item 1. | Docket No. 95-0202-MWD. SOAH Docket No. 582-95-1126. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of City of Asherton for Permit No. 13746-001 to authorize the discharge of 180,400 gpd of treated domestic wastewater effluent in Dimmit County, Texas and Segment No. 2105 of the Nueces River Basin. (Mike Rogan) |
| Item 1. | Docket No. 97-0245-AGR. Consideration of the Requests for Commission Review concerning the Executive Director's determinations that no comments submitted concerning the application by Texas Farm, Inc. for Permit-by-Rule 03930 demonstrated technical merit. The application requests authorization, pursuant to Subchapter K of Chapter 321 of TNRCC rules, to operate a swine feeding facility at a maximum of 23,222 head of swine and to generate, collect, and treat animal wastewater on-site. Waste will be beneficially disposed of on-site. The swine feeding facility is located five miles south of Spearman from the intersection of Farm-to-Market Roads 759 and 760 and then 1 mile east from the intersection of Farm-to-Market Road 760 and an unnamed county road in Hansford County, Texas. The facility is in the drainage area of a topographic depression in Segment No. 0100 of the Canadian River Basin. (Robert Martinez/Eric Chasteen) |
| Item 2. | TNRCC Docket No. 96-1090-DIS; SOAH Docket No. 582-96-1476. Consideration of Administrative Law Judge's Proposal for Decision & Order concerning the application of Fort Bend County Municipal Utility District No., 19 to Adopt and Impose Standby Fees in Fort Bend County. Recommendation: Issuance of application. (ALJ): Bill Zukauckas |