MCBEE
MARQUEZ
BAKER

CONTESTED AGENDA

Wednesday, December 17, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12100 Park 35 Circle


HEARING REQUEST

Item 1.   Docket No. 07-1060-AIR. VALERO REFINING COMPANY (formerly Basis Petroleum, Inc.) for renewal of Air Quality Permit No. 8092A to continue operation of a Heater HS-41. The location of the existing facility is 9701 Manchester Avenue, Houston, Harris County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Maria Sanchez/Jesse Alonzo)

Deny Hearing Request and Issue Permit, RM/BM. All Commissioners Agree

Item 2.   Docket NO. 97-1063-UIC. URI, INC. for a third production area authorization for the Kingsville Dome Mine Site under existing Permit No. UR02827-001. The proposed production area authorization number is UR02827-031. The Kingsville Dome site is located adjacent to Farm Road 1118 in Kleberg County, Texas, approximately 8 miles southeast of Kingsville and 5 miles east of Ricardo. The authorization would allow injection into specified zones for the purpose of uranium production. The production zone is the Goliad formation at a depth of 420 feet to 810 feet. The Commission will consider the application and the hearing requests filed on the application. (Patti Hershey/Ben Knape)

Continued to Jan 21, 1998, ADR convene a meeting to work with all parties, BM/RM. All Commissioners Agree.

Item 3.   Docket No. 97-1058-IWD. Application from Eastman Chemical Company for an amendment to permit no. 00471 to combine effluent discharged via existing Outfalls 002 & 003 into a single discharge via Outfall 002 (remove Outfall 003 from permit), increase effluent limitations for all limited parameters to allow for increased plant production, remove all existing effluent limitations from Outfall 004 due to changes in effluent quality and sources and establish new effluent limitations and monitoring requirements, remove Outfall 005 from permit, and include a request. The draft permit authorizes a discharge of diverted river water (used for plant water supply), utility wastewaters (cooling tower blowdown, steam plant blowdown, deionization wastewater, and return cooling water), miscellaneous low contamination potential plant discharges and stormwater via Outfall 001 at an intermittent and flow variable basis; treated process wastewater, treated domestic wastewater, utility wastewater, and process area stormwater via Outfall 002 at a daily average flow not to exceed 6.4 million gallons per day (MGD); and stormwater, diverted water from the Sabine River, and transferred water from Mason Lake via Outfall 004 on a flow variable basis. The applicant operates a plant manufacturing chemicals and plastics. The plant site is located on the south side of Interstate Highway 20, at the intersection of Interstate Highway 20 and State Highway 149, south of the City of Longview, Harrison County, Texas. The commission will consider the application and hearing requests that have been filed on the application. (Tom Weber/Margaret Hoffman)

Continued to Jan 21, 1998, BM/RM. All Commissioners Agree

TEMPORARY VARIANCE

Item 4.   Docket No. 97-1058-IWD. Request by Eastman Chemical Company for a temporary variance to the existing surface water quality standards for total copper in the Sabine River Above Toledo Bend Reservoir in Segment No. 0505 of the Sabine River Basin. The temporary variance will allow the Commission time to consider adoption of a site specific standard prior to Eastman Chemical Company having to comply with effluent limitations based on existing surface water quality standards. (Tom Weber/Margaret Hoffman)

Continued to Jan 21, 1998, BM/RM. All Commissioners Agree

DISTRICT MATTER

Item 5.   Docket No. 97-0863-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING AN APPLICATION BY TOM GREEN COUNTY FRESH WATER SUPPLY DISTRICT NO. 3, A MUNICIPAL UTILITY DISTRICT FOR APPROVAL TO LEVY A STANDBY FEE. For Commission consideration. Applicant requests Commission approval to levy a uniform standby fee of $120 per year to supplement the operations and maintenance account. (TNRCC Internal Control No. 070897-D01, Sam Jones)

Approve Order, JB/RM. All Commissioners Agree

PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS

Item 6.   Docket No. 96-1414-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Modesto Hernandez dba Triple H Mart in Hidalgo County; Enforcement Identification No. 5159 (formerly E11663); 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)

Continued to Jan 7, 1998. McBee Absent

Item 7.   Docket No. 96-1418-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Modesto Hernandez dba Triple H Mart in Hidalgo County; Enforcement Identification No. 4685 (formerly E11667); for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Mick Wilson)

Continued to Jan 7, 1998. McBee Absent

Item 8.   Docket No. 96-1415-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Modesto Hernandez dba Triple H Mart in Hidalgo County; Enforcement Identification No. 5158 (formerly E11664); 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)

Continued to Jan 7, 1998. McBee Absent

Item 9.   Docket No. 96-1419-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Modesto Hernandez in Hidalgo County; Enforcement Identification No. 4684 (formerly E11668); 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)

Continued to Jan 7, 1998. McBee Absent

Item 10.   Docket No. 96-1420-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Modesto Hernandez, dba Triple H Mart in Hidalgo County; Enforcement Identification No. 4683 (formerly E11669); 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)

Continued to Jan 7, 1998. McBee Absent

Item 11.   Docket No. 96-1417-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Modesto Hernandez, dba Triple H Mart in Hidalgo County; Enforcement Identification No. 4686 (formerly E11666); 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)

Continued to Jan 7, 1998. McBee Absent

Item 12.   Docket No. 96-1687-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Raul Esquivel in El Paso County; Enforcement Identification No. 5466 (formerly E11701); for petroleum storage tank violations pursuant to the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Mick Wilson)

Continued to Jan 7, 1998. McBee Absent

Item 13.   Docket No. 96-1416-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Modesto Hernandez, dba Triple H Mart in Hidalgo County; Enforcement Identification No. 5160 (formerly E11665); 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)

Continued to Jan 7, 1998. McBee Absent

Item 14.   Docket No. 97-0567-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Darrell G. Boepple in Lubbock County; Facility ID No. 22050; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Patricia Welton)


Issue Agreed Order, JB/RM. McBee Absent

PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS

Item 15.   Docket No. 97-0292-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Faisal Nazir dba Pak N Pay in Harris County; Facility ID No. 9897; for petroleum storage tank violations pursuant to Chapter 382 of the Texas Health & Safety Code, Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Hodgson Eckel)

Issue Default Order, RM/JB. McBee Absent

Item 16.   Docket No. 96-1165-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Elmer Keith in King County; Facility ID No. 8312; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Hodgson Eckel)

Issue Default Order, RM/JB. McBee Absent

AIR ENFORCEMENT AGREED ORDERS

Item 17.   Docket No. 97-0619-AIR-E. Consideration of an Agreed Order requiring certain actions of Tompkins Coating, Incorporated in Harris County; Account No. HG-0746-D; 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. (Sheila Smith)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 18.   Docket No. 97-0574-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Armando's Paint and Body in El Paso County; Account No. EE-1450-B; 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. (Sheila Smith)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 19.   Docket No. 97-0810-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Second Hand Motors in Dallas County; Account No. DB-4208-Q; 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. (Stacy Young)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 20.   Docket No. 97-0771-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of TOSCO Marketing Company, d/b/a Circle K Corporation in El Paso County; Account Nos. EE-1021-F, EE-1026-S, EE-1101-G, EE-1102-E, EE-1104-A, EE-1745-C, EE-0996-F, and EE-1043-S; 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. (Stacey Young)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 21.   Docket No. 97-0802-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Circle "C" Construction Company in Tarrant and Denton Counties; Account Nos. 93-2979-0 AND 93-4562-0; 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. (David Edge)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 22.   Docket No. 97-0530-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of ARCO Chemical Company in Harris County; Account No. HG-1575-W; 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. (Miriam Hall)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 23.   Docket No. 97-0402-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ameri-First Auto Sales in Dallas County; Account No. DB-4218-N; 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. (Kevin Cauble)

Issue Agreed Order, JB/RM. All Commissioners Agree

AGRICULTURAL ADVISORY APPOINTMENT

Item 24.   Docket No. 97-1101-AGR. Consideration of new members for the TNRCC Ag Advisory. The members are presented for approval by the Commission in accordance with Article 6252-33 of the Texas Revised Civil Statues. The members terms are staggered where half of the committee members' term will expire in two years and the other half will expire in four years. (Darrell Williams)

Approve Staff Recommendation, RM/JB. McBee Absent

MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS

Item 25.   Docket No. 96-1763-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bernard L. Braddock, Donald F. Braddock, Royce E. & Lanell Burns, Sandra D. Cambiaso, Johnny D. Dunham, Deborah L. Hankey, Robert W. Hoover, Jr., John W. Jackson, George F. Jones, Thelma Karpiuk (deceased), Fred E. Lewis, Jerry Locke, Stanley W. McBride, Bernard A. Pesak, Lynn M. Purcell, David Saldana, Deborah P. Smith, Johnny Tauzin, Marylynn Wagner, Kenneth R. Wall (Individual Owners of Property in the Calico Farms Subdivision) in Brazoria County; Enforcement Identification Number 8799; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)


Issue Agreed Order, RM/JB. All Commissioners Agree

Item 26.   Docket No. 97-0415-MWD-E. Consideration of an Agreed Order requiring certain actions of the City of Electra in Wichita County; Permit No. 10020-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 27.   Docket No. 96-1628-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ronald W. Stumpf dba Pleasant Oaks Mobile Home Park in Johnson 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. (Kathy Keils)

Issue Agreed Order, BM/JB. All Commissioners Agree

Item 28.   Docket No. 97-0487-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Henderson in Rusk County; Permit No. 10187-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (B. Lehmukhle)

Issue Agreed Order, JB/RM. All Commissioners Agree

MULTI-MEDIA ENFORCEMENT AGREED ORDERS

Item 29.   Docket No. 97-0322-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Compound Manufacturing Distribution in Liberty County; Account No. LH-0178-A; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and for industrial solid waste violations pursuant to the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361, and the Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Adele Noel)

Issue Agreed Order, BM/JB. All Commissioners Agree

Item 30.   Docket No. 97-0322-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Compound Manufacturing Distribution in Liberty County; Account No. LH-0178-A; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and for industrial solid waste violations pursuant to the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361, and the Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Adele Noel)

No Action Required

INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS

Item 31.   Docket No. 97-0250-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southwest Oil Recycling, Inc. And Southwest Environmental Services, Inc. In Calwell and Nueces Counties; SWR Numbers 41400, 23721 and 84672; for industrial and hazardous waste violations pursuant to the Texas Solide Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils)

Issue Agreed Order, RM/JB. McBee Voted No.

Item 32.   Docket No. 96-1511-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southwest Oil Recycling, Inc. In Nueces County; SWR Numbers 81319, 32641 and 41810; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils)

Issue Agreed Order, RM/JB. McBee Voted No.

AGRICULTURAL ENFORCEMENT DEFAULT ORDER

Item 33.   Docket No. 97-0770-AGR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of John Dollins and Grover Todd dba Grover Todd Dairy in Johnson County; Permit No. (not registered); for dairy operation water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Hodgson Eckel)

Remand To Executive Director

INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER

Item 34.   Docket No. 97-0269-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Diamond Shamrock Refining and Marketing Company in Harris County; Registration No. L-99228; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (B. Lehmkukhle)

Issue Agreed Order, BM/RM. All Commissioners Agree

RULES

Item 35.   Docket No. 97-0814-RUL. Consideration for adoption of amendments to 30 TAC Chapter 344, Sections 344.2, 344.43, 344.56, 344.73, and 344.75, concerning Landscape Irrigators. The proposed amendments would implement recent legislative changes made to Texas Water Code, Section 34.002(a), regarding exemptions from the registration requirements. The proposed amendments would also clarify requirements for registration/licensure of irrigators and installers and clarify backflow prevention requirements. The proposal was published in the October 17, 1997 issue of the Texas Register (22 TexReg 10245). (Robert Tinstman) (Rule Log No. 97145-344-WT).

Approve adoption with changes, BM/JB. Commissioner Marquez Absent.

Item 36.   Docket No. 97-0840-RUL. Consideration for adoption of new 30 TAC Chapter 7, Section 7.105, concerning Memoranda of Understanding (MOU) between the Texas Natural Resource Conservation Commissioner (commission) and the Texas General Land Office (GLO); and adoption of amendment to 30 TAC Chapter 305, Subchapter N, Section 305.521, concerning Adoption of Memoranda of Understanding by Reference. The rule would establish an MOU between the two agencies and set forth the coordination of program responsibility and procedural mechanisms relating to the Galveston Bay Estuary Program. The proposal was published in the October 3, 1997 issue of the Texas Register (22 TexReg 9851). (Marilyn Browning) (Rule Log No. 97173-007-WT).

Adopt staff recommendation with changes, BM/JB. All Commissioners Agree

Item 37.   Docket No. 97-1136-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 50, Section 50.31, concerning Action by Executive Director; and 30 TAC Chapter 293, concerning Water Districts. The proposed rules would update references and incorporate new requirements relating to water districts and the commission's supervision over their actions in response to recent legislative changes. The proposed rule would also amend matters delegated to the executive director. (Sam Jones and Darrell Williams) (Rule Log No. 97143-293-WT).

Approve Publication, JB/RM. All Commissioners Agree

Item 38.   Docket No. 97-1038-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 335, Sections 335.341 through 335.351, concerning Hazardous Substance Facilities Assessment and Remediation; and for publication of the proposed repeal of 30 TAC Chapter 335, Section 335.352, concerning Adoption of Appendices by Reference. The proposed amendments and repeal would enhance the implementation of certain provisions in House Bill 2776, 75th Legislature, and streamline current assessment and remediation procedures for State Superfund sites. (Michael Bame and Clark Talkington) (Rule Log No. 97155-335-WS).

Approve Publication, RM/BM. All Commissioners Agree

Item 39.   Docket No. 97-1062-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 106, Section 106.2 concerning Applicability, Section 106.224, concerning Aerospace Equipment and Parts Manufacturing, Section 106.321, concerning Metal Melting and Holding Furnaces, Section 106.373, concerning Refrigeration Systems, Section 106.418, concerning Printing Presses, and Section 106.454, concerning Degreasing Units, and the proposed repeal of Section 106.222, concerning Woodworking Shops. If approved, the amendment to Section 106.321 would expand the scope of the section to allow additional facilities to use the exemption from permitting and the amendment to Section 106.373 would improve the human health protectiveness of the section. The other amendments would correct errors of reference in the existing rule language. Section 106.222 has been replaced by a more comprehensive section and is no longer needed. (Beecher Cameron) (Rule Log No. 97179-106-AI).

Approve Publication, JB/BM. All Commissioners Agree

EXECUTIVE SESSION

Item 40.   Docket No. 97-1124-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 Required

Item 41.   Docket No. 97-1125-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 Required

(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 MADE.)


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, December 17, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12100 Park 35 Circle


Item 42.   Docket No. 97-1137-EXE. The Commission will meet in closed session to receive legal advice concerning the following pending litigation: Accord Agriculture, Inc. v. TNRCC, in the 353rd Judicial District Court, Travis County, Texas; Cause No. 96-00159. The authority for the closed session is Section 551.071 of the 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 Open Meetings Act.

No Action Taken


OLD BUSINESS AGENDA

Wednesday, December 17, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12100 Park 35 Circle


Item carried forward from Agenda of November 19, 1997.

Item 1.   Docket No. 97-1043-CON. Consideration of authorizing the Executive Director to execute a contract amendment to CF Environmental Corporations Remediation Contract for treatment of soils at the United Creosoting Superfund Site in Conroe, Montgomery County, Texas. (Dan Wittliff)

Continued to Feb 4, 1998, RM/BM. Baker Voted No.

Item carried forward from Agenda of November 19, 1997 and December 3, 1997.

Item 2.   Docket No. 97-0903-AIR. Consideration of a Petition and Proposed Order regarding Designation of Single Property, pursuant to 30 TAC §101.2(b), concerning Multiple Air Contaminant Sources or Properties, submitted by E. I. DuPont de Nemours and Company and Lyondell Petrochemical Co. in Victoria County, Texas. If granted the petitioners will have their properties designated as a single property for the purpose of demonstrating compliance with TNRCC regulations and the control of air emissions. (Janis Hudson, Victoria Hsu)


No Action Required
OLD BUSINESS AGENDA

Wednesday, December 17, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
Room 201S, Bldg E.
12100 Park 35 Circle


Item carried forward from Agenda of October 1, 1997.

Item 1.   TNRCC Docket Nos. 96-0325-PST-E; 96-0326-PST-E; 96-0329-PST-E; SOAH Docket No. 582-97-0978; 582-97-0979; 582-97-0980. Consideration of Administrative Law Judge's Proposal for Decision and Orders concerning the petition of the Executive Director of the Texas Natural Resource Conservation Commission for an order assessing penalties against Jim Wafer Oil Co., Inc., and requiring certain actions in Reeves County, Texas. Penalty requested: $19,750. Recommendation: Approval of penalty in the amount of $19,750. (M. Rogan)

Adopt Proposal for Decision and Issue Order with changes as clarified by General Counsel, RM/JB. All Commissioners Agree

Item carried forward from Agenda of October 1, 1997.

Item 2.   TNRCC Docket No. 96-1291-AIR-E; SOAH Docket No. 582-97-1204. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the Petition of the Executive Director of the Texas Natural Resource Conservation Commission for an order assessing penalties against Allphaz Coatings, Inc. and requiring certain actions in Orange County, Texas. Penalty requested $9,300.00. Recommendation: Approval of penalty in the amount of $9,300. (S. Ramos)

Adopt Proposal for Decision and Issue Order with changes as recommended by Commissioners, BM/JB. All Commissioners Agree

Item carried forward from Agenda of October 15, 1997.

Item 3.   TNRCC Docket No. 96-1395-PST-E; SOAH Docket No. 582-97-1216. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the petition of the Executive Director of the Texas Natural Resource Conservation Commission for an order assessing penalties against Billy Ekrut dba Ekrut Oil Co., and requiring certain actions in Bosque and McLennan Counties, Texas. Penalty Requested: $12,000 Recommendation: Issuance of Order requested by the Executive Director. (M. Rogan).

Adopt Proposal for Decision and Issue Order with changes as recommended by Commissioners, BM/JB. All Commissioners Agree