MCBEE
MARQUEZ
BAKER
AGENDA

Wednesday, April 10, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35


CONTESTED (Utility Matter)

Item 1. Docket No. 95- 1100- DIS. CONSIDERATION OF A PROPOSED ORDER REGARDING AN APPLICATION BY HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 250 FOR APPROVAL TO LEVY A STANDBY FEE. Applicant requests Commission approval of non- uniform debt service and operation & maintenance standby fees in the maximum amount allowed by Commission Rules. (TNRCC Internal Control No. 062995- D01, Randy M. Nelson)

Remand to State Office Administrative Hearing, RM/JB. McBee recused himself from item.

CONTESTED (Rate Matter)

Item 2. Docket No. 96-0424-UCR. CONSIDERATION OF PETITION OF STAFF WATER SUPPLY CORPORATION PURSUANT TO SECTIONS 11.036, 11.041, AND 12.013 OF THE TEXAS WATER CODE FOR REVIEW OF THE WHOLESALE WATER RATE CHARGED BY THE CITY OF EASTLAND IN EASTLAND COUNTY. The Executive Director of the Commission has conducted a preliminary investigation of the petition and determined that probable grounds exist for the complaint and requests that it be remanded to the State Office of Administrative Hearings for a preliminary hearing. (Angela Stepherson/Bret Fenner)

Remand to State Office Administrative Hearing and delete 12.013 in order, JB/RM

CONTESTED (Air Quality Enforcement)


Item 3. Docket No. 96- 0277- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Princeton Motors in Collin County; Account No. CP- 0347- M; 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. (Peter Gregg).

Issue Agreed Order, RM/BM

Item 4. Docket No. 96- 0297- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Roadway Construction in Abilene, Taylor County, Texas; Account No. TB- 0224- H; 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. (Patricia Hershey).

Issue Agreed Order, RM/BM

Item 5. Docket No. 96- 0279- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Valspar Corporation in Dallas County; Account No. DB- 0286- B; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Greg Warmink).

Issue Agreed Order, RM/BM

Item 6. Docket No. 96- 0276- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Namark Farm Products in McLennan County; Account No. MB- 0091- 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. (Linda G. Sorrells).

Issue Agreed Order, RM/BM

Item 7. Docket No. 96- 0275- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of H & H Car Wash in El Paso County; Account No. EE- 1091- H; 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. (Linda G. Sorrells).

Issue Agreed Order, RM/BM

Item 8. Docket No. 96- 0274- AIR- E. Consideration of an Agreed Order requiring certain actions of Blackland Grain and Storage, Inc., Bell County; Account No. BF- 0011- J; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman).

Issue Agreed Order, BM/RM. John Baker recused from item.

Item 9. Docket No. 96- 0213- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of AGE Refining, Inc. in Bexar County; Account No. BG- 0103- P; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code 382 and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe).

Issue Agreed Order, RM/BM

CONTESTED (Rules)

Item 10. Docket No. 95- 1609- RUL. Consideration for adoption of amendments to 30 TAC Chapter 281, Subchapter B, concerning Consistency with Texas Coastal Management Program. If approved, the amendments would identify those commission actions which are subject to consistency with the goals and policies of the Texas Coastal Management Program pursuant to the Coastal Coordination Act, Subchapters C and F, Chapter 33, Texas Natural Resources Code, and rules of the Coastal Coordination Council contacted in 31 TAC, Chapters 501 and 505. The proposal of these sections was published in the December 12, 1995 issue of the Texas Register. (Bruce Moulton)(Rule Log No. 95107- 281- WT)

Adopt Amendments as proposed by staff, BM/RM

Item 11. Docket No. 96- 0515- RUL. Consideration of petition for rulemaking and publication and hearing for proposed amendments to 30 TAC Chapter 115, Subchapter C, Sections 115.214 and 115.216, Volatile Organic Compound Transfer Operations, and to the State Implementation Plan. The proposed rule changes would revise the inspection requirements for control of equipment leaks at gasoline terminals from an instrument method to a sound- sight- smell walkthrough in the Houston/Galveston, Dallas/Fort Worth, and El Paso ozone nonattainment areas. (Randy Hamilton) (Rule Log No. 96120- 115- AI).

Approve petition for rulemaking proceed with publication and hearing for proposed amendments to 30 TAC Chapt 115, Subchapter C. Section 115.214 & 115.216, RM/JB

Item 12. Docket No. 96- 0517- RUL. Consideration of a Memorandum of Agreement between the TNRCC and the Coastal Coordination Council that applicable rules and subsequent amendments promulgated by the signatory agencies will be submitted to the Council for review and certification; and that such rules and amendments are consistent with the goals and policies of the Texas Coastal Management Program. (Bruce Moulton).

Adopt Memorandum of Agreement, BM/RM

EXECUTIVE SESSION

Item 13. Docket No. 96-0542-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 14. Docket No. 96-0543-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


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ADDENDUM TO AGENDA

Wednesday, April 10, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg. E
12118 N. Interstate 35




Item 15. Docket No. 96-0255-CRT. Consideration of the submission to the Coastal Coordination Council of a request for certification that applicable rules contained in Title 30, Chapters 101, 111-122, 261, 279, 281, 284, 285, 288, 293, 295, 297, 301, 305, 307, 309, 314, 315, 321, 330, 334, 335, and 337 are 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's 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)

Continued to May 15, 1996

Item 16. Docket No. 95-0850-AIR; SOAH Docket No. 582-95-1032. The Commission will consider the motion for rehearing filed concerning the application by Ingram Readymix, Inc. for air standard exemption no. 15645D to authorize the construction of a concrete batch plant in Bulverde, Comal County. On February 7, 1996, the Commission considered a Judge's proposal for decision, and denied the application. The Commission order was mailed on March 1, 1996.

Deny Motion for Rehearing, JB/BM
AGENDA

Wednesday, April 10, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
J.J. Pickle Research Center
10,100 Burnet Road
The Commons Building
Room 1.106
Austin, Texas


Item 1. Docket No. 96-0587-MIS. Consideration of the Commission's Regulatory Reform Initiative and amendments to the Commission's procedural rules.

No Action Taken

Item 2. Docket No. 96-0588-MIS. Consideration of the agency's Risk Reduction Program and the use of risk-based criteria in agency programs.

No Action Taken

Item 3. Docket No. 96-0589-MIS. Consideration of the agency's Strategic Plan and plan development.

No Action Taken

Item 4. Docket No. 96-0590-MIS. Consideration of legislative issues and proposals relating to the agency.

No Action Taken

Item 5. Docket No. 96-0591-MIS. Consideration of the agency's operating budget, personnel reduction plans, and performance partnership grants.

No Action Taken

Item 6. Docket No. 96-0593-MIS. Consideration of Texas-Mexico border environmental issues.

No Action Taken

Item 7. Docket No. 96-0592-BGT. Consideration of the 1998-99 biennial budget.

No Action Taken