MARQUEZ
BAKER AGENDA
Wednesday, February 14, 1996
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35
CONTESTED (Hearing Request)
Item 1. Docket No. 96- 0210- IHW. Consideration of an application by TEXAS EASTMAN CHEMICAL COMPANY for a Class 3 Modification to Permit No. HW50043- 01 which authorizes operation of an industrial solid waste storage, processing and disposal facility for the management of hazardous wastes and non- hazardous industrial solid waste. The facility is located on a 5,270 acre tract of land off Kodak Boulevard near Logview in Harrison County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application.
Remand to Alternative Dispute Resolution, BM/JB
Item 2. Docket No. 96-0247-IHW. Consideration of an application by ROLLINS ENVIRONMENTAL SERVICES (TX), INC. for a Class 3 permit modification to Permit No. HW-50089-001 in accordance with 30 TAC Section 305.69. The permit authorizes operation of a commercial industrial and hazardous waste storage, processing, and disposal facility. The permit modification will authorize an increase in the maximum allowable nitrogen oxides emission rate for the incinerator Trains I and II based on an agreement to purchase 125 tons/yr of nitrogen oxides Emission Reduction Credits (ERC) from Anchor Glass Container Corporation located in Houston, Texas. This ERC will result in a net decrease of 28.8 tons/yr of nitrogen oxides emissions in the Houston/Galveston Ozone Non-Attainment Area. The facility is located at 2027 Battleground Road in Deer Park, Harris County, Texas. (Kari Bourland)
Issue Modification to Permit, RM/JB
Item 3. Docket No. 96- 0200- MWD. Consideration of an application by WILLIAM L. DIXON, SR. for a permit (Proposed Permit No. 13800- 01) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 45,000 gallons per day. The proposed permit replaces Permit No. 13491- 01, which expired on April 25, 1995. The wastewater treatment facilities are approximately 1240 feet west of State Highway 300, at approximately 0.38 mile south of the intersection of State Highway 300 and Farm- to- Market Road 726 in Upshur County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application.
Remand to State Office Administrative Hearing for a Contested Case Hearing with respect to Mr. Johnson request and also authorize SOAH to consider any other request for Party Status, BM/RM
Item 4. Docket No. 96- 0201- MWD. Consideration of an application by VILLAS ON TRAVIS CONDOMINIUM OWNERS ASSOCIATION for an amendment to Permit No. 11532- 01 in order to change from a discharge permit to a permit with provisions authorizing disposal by irrigation in the final phase and a decrease in the volume of treated domestic wastewater effluent. The amendment would authorize the disposal volume not to exceed 27,000 gallons per day average with the treated effluent used to irrigate 3.94 acres of on- site landscaped areas. The wastewater treatment facilities are approximately 200 feet northwest of Farm- to- Market Road 620 at a point 1.8 miles west of Mansfield Dam and adjacent to Lake Travis in Travis County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application.
Remand to State Office Administrative Hearing for consideration of Party Status. (Limited)
BM/JB
Item 5. Docket No. 96- 0199- MSW. Consideration of an application by BROWNING- FERRIS, INC. for a amendment to Municipal Solid Waste Permit No. MSW1663- MSW. This authorizes the facility to be upgraded to Subtitle D standards and increases the excavation depth and final height of waste placement. The facility is located one mile north of the City of Canyon, 2 miles west of Interstate Highway 27 on Buffalo Stadium Road in Randall County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application.
Remand to State Office Hearing General Hearing, with exceptions to property value questions, BM/JB
Item 6. Docket No. 96- 0088- WR. APPLICATION BY ANGELINA & NECHES RIVER AUTHORITY (ANRA) for a Texas Water Code Section 11.145 extension of time to commence and complete construction of Lake Eastex on Mud Creek, Neches River Basin in Cherokee County. Two previous extensions have been granted since the permit was issued June 1985. The Commission will consider the application and a hearing request that has been filed on the application. (R. Martinez\L. Bauxite)
Continued to March 6, 1996
CONTESTED (Authorization to Construct)
Item 7. Docket No. 96- 0159- MWD. Consideration of Ranch House Water Company's request for authorization to construct wastewater treatment plant in accordance with Texas Water Code Section 26.027(c). (Anthony Tatu)
Approve Authorization to Construct, JB/RM
CONTESTED (Industrial Hazardous Waste Enforcement)
Item 8. Docket No. 96- 0231- IHW- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Urethanes, Inc. in Travis County; SWR No. 33619; for industrial & hazardous waste violations of the Texas Solid Waste Disposal Act and the rules of the Texas Natural Resource Conservation Commission. (William C. Foster).
Issue Agreed Order, RM/JB
CONTESTED (Petroleum Storage Tank Enforcement)
Item 9. Docket No. 96- 0227- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Chris Patelis, Dickinson, Galveston County; Enforcement ID No. E10991; for underground storage tanks 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
CONTESTED (Air Quality Matter)
Item 10. Docket No. 96-0271-AIR. Consideration of Agreed Order regarding The Occidental Chemical Corporation emission reductions from the shutdown of three units at the company's Deer Park facility.
Issue Agreed Order, RM/JB
CONTESTED (Motion for Reevaluation)
Item 11. Docket No. 96-0173-SLG. Commission will consider Motions for Reevaluation on a Beneficial Land Application (Registration Number 710720), issued by the Executive Director to City of Cameron on November 2, 1995. The site is located approximately 0.25 miles north of the intersection of County Road 202 and State Highway 36 which is located approximately 5.5 miles west of the city of Cameron in Milam County. The site is approximately 108 acres, with 43.23 acres of application area. The application area will consist of Native Grasses and Coastal Bermudagrass production. Recommend continued site approval.
Continued to February 28, 1996
CONTESTED (Motion for Rehearings)
Item 12. Docket No. 95-0197-MWD. The Commission will consider the motion for rehearing filed concerning the Commission's approval of the application by Daytop Village Foundation, Inc. for renewal of permit No. 13744-001 authorizing the discharge of 12,000 gpd of treated domestic wastewater in Anderson County, Texas and Segment No. 0804 of the Trinity River Basin.
Continued to February 21, 1996 and Extend Time to take action for 3 weeks, BM/JB
Item 13. Docket No. 95- 0324- MWD. The Commission will consider the motion for rehearing filed concerning the City of Jacksboro’s application for an amendment of a wastewater discharge permit no. 10994- 01. The permitted facility is located in Jack County. At the December 6, 1995, public meeting the Commission approved the application.
Deny Motion For Rehearing, RM/JB
Item 14. Docket No. 95-1685-AGR. The Commission will consider the Motions for Rehearing and Reconsideration filed by ACCORD Agriculture, Inc. requesting rehearing and reconsideration respectively of the Commission's order issued December 18, 1995 affirming the Executive Director's determination that certain comments on Texas Farms, Inc.'s application for authorization No. 03860 did not demonstrate technical merit and of the Executive Director's issuance on December 19, 1995 of Permit-by-Rule No. 30860 to Texas Farms, Inc. Permit-by-Rule No. 30860 authorizes the operation of a swine finishing facility located on the north side of State Highway 281 approximately 8 miles west of the intersection of State Highway 281 and U.S. Highway 83 in Ochiltree County, Texas.
Continued to March 20, 1996 for time to take action, any briefs to be submitted by February 21, and items continued to Feb 28, 1996, BM/JB
CONTESTED (Rules)
Item 15. Docket No. 96- 0262- RUL. Consideration for adoption of amendments to 30 TAC Chapter 321, Subchapter A, concerning Boat Sewage Disposal. If approved, the amendments would designate Clear Lake as a "no discharge" lake in Texas. The rules will also provide changes to requirements relating to marine sanitation devices. The proposed sections were published in the September 1, 1995 issue of the Texas Register. (Tom Remaley).
Adopt Rules as recommended, RM/JB
Item 16. Docket No. 96- 0142- RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 305, Subchapter C, concerning Application for Permit; Subchapter D, concerning Amendments, Renewals, Transfers, Corrections, Revocation and Suspension of Permits; Subchapter F, concerning Permit Characteristics and Conditions; and Subchapter G, concerning Additional Conditions for Solid Waste Storage, Processing or Disposal Permits. The proposed rules will clarify the applicability of existing rules to municipal solid waste. (Hector Mendieta).
Approve Publication as Recommended, JB/RM
Item 17. Docket No. 96- 1419- RUL. Consideration for adoption of amendments to 30 TAC Chapter 116, Subchapter A, concerning Definitions, and Subchapter B, concerning New Source Review Permits. The Texas Natural Resource Conservation Commission permit amendment and alteration criteria and procedure are being modified pursuant to Senate Bill 1126 (74th Legislature, 1995). The modified language will implement Senate Bill 1126, which allows certain facilities to make changes without requiring prior authorization. The proposal was published in the Texas Register on October 10, 1995 (20 TexReg 8306). (Thomas Ortiz).
Adopt Amendments as Recommended, RM/JB
Item 18. Docket No. 96- 0168- RUL. Consideration for adoption of amendments to 30 TAC Chapter 101, Section 101.1 concerning Definitions, and Chapter 115, Subchapter A concerning Definitions; Subchapter B concerning General Volatile Organic Compound Sources: Storage of Volatile Organic Compounds and Vent Gas Control; Subchapter C concerning Volatile Organic Compound Transfer Operations: Loading and Unloading of Volatile Organic Compounds; Subchapter E concerning Solvent- using Processes: Degreasing Processes; Surface Coating Processes; Graphic Arts (Printing) by Rotogravure and Flexographic Processes; and Offset Lithographic Printing; Subchapter F concerning Miscellaneous Industrial Sources: Cutback Asphalt, and Degassing or Cleaning of Stationary, Marine, and Transport Vessels; Subchapter G concerning Consumer- Related Sources: Consumer Products; revisions to the State Implementation Plan regarding these amendments; and consideration for withdrawal of the proposed repeal of 30 TAC Chapter 115, Subchapter J concerning Administrative Provisions: Standard Permits. The proposals were published in the Texas Register on September 5, 1995 (20 TexReg 6889) and September 8, 1995 (20 TexReg 7020). (Randy Hamilton)
Approve Adoption of Amendments, BM/RM
CONTESTED (Administrative Law Judge's Proposal for Decision)
Item 19. TNRCC Docket No. 95-0906- UCR; SOAH Docket No. 582- 95- 1117. Consideration of the Administrative Law Judge's Proposal for Decision concerning the application of Walter Sudduth dba Sudduth Water Supply for an Amendment to Certificate of Convenience and Necessity No. 12118 to provide water service in Falls County, Texas. Applicant also sought to decertify a portion of CCN No. 11283 held by West Brazos WSC and CCN No. 10009 held by Golinda WSC. Recommendation: Dismissal of application in accordance with agreement of parties. ALJ: Kerry Sullivan
Dismiss Application without prejudice, Adopt Proposal for Decision, JB/RM
EXECUTIVE SESSION
Item 20. Docket No. 96-0272-EXE. THE COMMISSION WILL MEET IN EXECUTIVE SESSION TO 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 GOV'T CODE, Sections 551.071 and 551.074, the Open Meetings Act. 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
Item 21. Docket No. 96-0273-EXE. COMMISSIONERS WILL MEET IN EXECUTIVE SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC UNDER GOV'T CODE, SECTION 551.074, the Open Meetings Act. 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
Item 22. Docket No. 96-0281-CRT. Consideration of the submission to the Coastal Coordination Council of a request for certification that applicable TNRCC rules contained in Title 30 Chapter 335 is consistent with the goals and policies of the Coastal Management Program provided in Title 31, Chapter 501. Upon the council's certification, the TNRCC's rules are incorporated into the CMP goals and policies and any threshold for referral approved by the council relating to actions under those rules shall become operative and limit the council's authority to review individual actions of the agency. (Bruce Moulton)
Approve Staff Recommendation, BM/RM
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OLD BUSINESS AGENDA
Wednesday, February 14, 1996
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35
Item carried forward from Agenda of July 12, 1995 and January 14, 1996.
Item 1. Docket No. 95-0398-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY FRISCO MUNICIPAL UTILITY DISTRICT NO. 1 OF COLLIN AND DENTON COUNTIES FOR APPROVAL OF $2,425,000 UNLIMITED TAX BONDS, SECOND ISSUE, 8.17% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests approval of a bond issue to finance a portion of a water plant, water main construction, wastewater trunk mains, and utilities to serve residential and commercial areas of the District. (Robert Ferguson) (The commission abated issuance of bonds until district court resolved, settlement has been reached).
Approve with understanding settlement is in place if we cannot legally tailor our order accordingly, RM/BM
Item carried forward from Agenda of January 17 and January 24, 1996.
Item 2. Docket No. 95-1550-IWD. The Commission will evaluate the motion for rehearing filed concerning the application by Everest Exploration, Inc. for renewal of wastewater discharge permit no. 02945. The permit concerns the Mount Lucas Project, an in-situ uranium mining facility which is currently in the post mining period. The facility is in Live Oak County. On November 22, 1995, the Commission issued an order which denied a request for hearing concerning the application, and approved the draft permit prepared by the Executive Director.
Continued to February 28, 1996
Item carried forward from Agenda of January 10, 1996.
Item 3. Docket No. 96-0083-IWD. APPLICATION BY ACME BRICK COMPANY for Proposed Permit No. 03838 to authorize an intermittent, flow variable discharge of mine pit water and stormwater via Outfalls 001 and 002 from the Hobson Pits Clay Mine The plant site is at 220 Daniels Street, adjacent to the east side of U.S. Hwy. 377, approximately one (1) mile south of the intersection of U.S. Hwy. 377 and Interstate Hwy. 35E in the City of Denton, Denton County, Texas. The effluent via Outfall 001 is discharged into an unnamed tributary of Hickory Creek; thence to Hickory Creek. The effluent via Outfall 002 is discharged to a series of ditches and ponds; thence to an unnamed tributary of Fletcher Branch; thence to Fletcher Branch; thence to Hickory Creek; thence (Outfalls 001 and 002) discharge into Lewisville Lake in Segment No. 0823 of the Trinity River Basin. The Commission will consider the application and hearing requests that have been filed on the application. (Bob Sweeney/Tom Weber) (Item was remanded to Alternative Dispute Resolution)
Approved, RM/JB
Item carried forward from Agenda of February 7, 1996.
Item 4. Docket No. 96- 0226- RUL. Consideration for publication of and hearing on proposed repeal of 30 TAC Chapters 261, 263, 264, 265, 275, 337, 339, 341, and 345; amendments to Chapters 305 and 340; and new Chapters 1, 3, 5, 10, 20, 39, 40, 50, 55, 70, 80, and 86, concerning the procedural rules of the agency. If approved, the proposal would continue the ongoing project to reorganize, clarify, and consolidate the Texas Natural Resource Conservation Commission's procedural rules. (Randall Terrell) (Commission approved in Part)
Remand to General Counsel and Bring Back on March 6, 1996, BM/JB
Item carried forward from Agenda of January 24, 1996 and February 7, 1996.
Item 5. Docket No. 96- 0110- RUL. Consideration for publication and hearing of proposed amendments of 30 TAC Chapters 295, 297 and 331, concerning Water Rights, Procedural; Water Rights, Substantive; and Underground Injection Control, respectively. The proposed rules reflect the implementation of new legislation (Senate Bill 651 and House Bills 451 and 1989) regarding the regulatory framework for surface water being stored in certain aquifers for subsequent retrieval and beneficial use and the establishment of exemptions from water rights permitting for certain historic cemeteries and surface coal mining sedimentation control structures. (James Kowis)
Adopt Staff Recommendation, RM/JB
Item carried forward from Agenda of January 17, and January 24, 1996 and January 30, 1996 and February 7, 1996.
Item 6. Docket No. 96-0188-EXE. The Commission will meet to consider issues with regard to establishing certain guiding principles for the conduct of Commission business.
Continued to February 21, 1996.