CONTESTED (Hearing Request)

Item 1. Docket No. 96-0604-IWD. E.I. DUPONT DE NEMOURS AND COMPANY for an amendment to permit No. 00476 to increase the discharge volume for Outfall 001; change the pH sampling on the internal outfalls; and add additional internal outfalls to monitor the discharges from the biotreatment plant, southeast landfill leachate treatment plant and the proposed wetland area. The applicant operates a chemicals and plastics manufacturing facility. The plant site is 1 mile west of the intersection of Farm-to-Market Road 1686 and Farm-to-Market Road 404, approximately 8 miles south of the City of Victoria in Victoria County, Texas. The Commission will consider the application and the hearing requests filed on the application. (Tom Weber/Bob Sweeney)

Remand to State Office Administrative Hearing for a determination of effective person status, excluding individuals whose soul interest would be served by public drinking water effected by this discharge and if SOAH finds any persons are effected they will immediately proceed to a hearing on Merits, RM/JB. McBee Voted Against.

Item 2. Docket No. 96-0626-IWD. SAFE TIRE DISPOSAL CORP. OF TEXAS for a permit (Proposed Permit No. 03865) to authorize an intermittent, flow variable discharge of stormwater via Outfall 001. The applicant operates a tire recycling facility. The plant site is at 3351 South Wyatt Road, just north of the intersection of South Wyatt Road and U.S. Highway 67 in the City of Midlothian in Ellis County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Bob Sweeney)

Remand to Alternative Dispute Resolution. If no agreement has been reached within 4 weeks, remand to State Office Administrative Hearing to determine validity of request, then if needed proceed with hearing on merits, JB/RM

Item 3. Docket No. 96-0625-MWD. CHAPEL HILL INDEPENDENT SCHOOL DISTRICT, Route 1, Box 245, Mount Pleasant, Texas 75455 has applied to the Texas Natural Resource Conservation Commission (Commission) for a permit (Proposed Permit No. 13821-01) to authorize a discharge of treated domestic wastewater effluent at an interim volume not to exceed an average flow of 16,000 gallons per day and a final volume not to exceed an average flow of 32,000 gallons per day. The proposed wastewater treatment facility will serve the Chapel Hill Independent School District. The wastewater treatment facilities are approximately 1,300 feet east of the intersection of Farm-to-Market Road 1735 and County Road SE-18 in Titus County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Bob Sweeney)

Issue Permit, BM/RM

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 4. Docket No. 95-0287-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Recovered Oil Services in Dallas County; SWR Nos. 40745, 81224, and 81223; for industrial and hazardous waste violations pursuant to the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Ravi Rao)

Issue Agreed Order, BM/RM

Item 5. Docket No. 94-0033-IHW-E. Consideration of an Agreed Order requiring certain actions of Refugio Radiator Welding Shop pursuant to the Solid Waste Disposal Act, TEX. HEALTH AND SAFETY CODE ANN. Chapter 361 (Vernon 1992 and Supp. 1994) and the Texas Water Code Ann. Chapters 5 and 26 (Vernon 1988 and Supp. 1994); SWR No. 80944. (McWherter).

Issue Agreed Order, RM/BM

CONTESTED (Municipal Waste Discharge Temporary Order)

Item 6. Docket No. 96-0795-MWD. Consideration of an application by Texas Municipal Power Agency for a Temporary Order authorizing the discharge of 40 million gallons of fly ash pond leachate and storm water from Ash Landfill Cell F at its Gibbons Creek Steam Electric Station located adjacent to Gibbons Creek Reservoir, approximately 2.5 miles north of the State Highway 30/FM 244 intersection in the Town of Carlos, Grimes County, Texas. (Heidi Maher)

Continued to June 12, 1996

CONTESTED (Municipal Solid Waste Management Plan)

Item 7. Docket No. 96-0774-MSW. Consideration of a proposed Regional Solid Waste Management Plan submitted by the Rio Grande Council of Governments. Regional solid waste management plans are required by the Texas Health and Safety Code, Chapter 363 (Comprehensive Municipal Solid Waste Management, Recovery, and Conservation Act, 1990.). (Linda Haynie)

Adopt Rio Grande Councils Regional Solid Waste Management Plan, JB/RM

CONTESTED (Petroleum Storage Tank Enforcement)

Item 8. Docket No. 96-0776-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Island Moorings Marina, Inc. in Nueces County; PST Enforcement Identification No. E11399; 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 Kusumanchi)

Issue Agreed Order, JB/RM

Item 9. Docket No. 96-0365-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rip Griffin Truck Service Center in Lubbock County; PST Enforcement Identification No. E11391; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Jaime Lopez)

Issue Agreed Order, JB/RM

Item 10. Docket No. 96-0559-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Beeville in Bee County; PST Enforcement Identification No. E11089; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Jaime Lopez)

Issue Agreed Order, JB/RM

CONTESTED (Utility Matter)

Item 11. Docket No. 96-0595-UCR. Consideration of Executive Director's request for interim rates in Cedar Point Utility Management, Inc. in Polk County, Texas; CCN Nos. 12297 and 20757. (Lara Nehman/Joseph Strouse/Dean Pollard)

Approve Staff Request, JB/RM

CONTESTED (Public Water Supply Enforcement)

Item 12. Docket No. 96-0101-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Robert A. Williams dba Magnolia Home Park in Montgomery County; PWS No. 17000562; for Public Water System violations pursuant to the Texas Health and Safety Code, the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Terry Thompson)

Submitted In Error

Item 13. Docket No. 95-1180-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The Estate of Gerald English in Jim Wells County; PWS No. 1250033; for public water system violations pursuant to the Texas Health and Safety Code, The Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Terry Thompson)

Issue Agreed Order, RM/BM

CONTESTED (Rule)

Item 14. Docket No. 96-0731-RUL. Consideration for publication of and hearing on proposed new 30 TAC Chapter 11, concerning Contracts. The new chapter would adopt by reference the Historically Underutilized Business Certification Program rules of the Texas General Services Commission and establish guidelines for managing the commission's contracting goals. (Vanessa McQueen)(Rule Log #96116-011-AD)

Go forward with publication and hearing, RM/BM

EXECUTIVE SESSION

Item 15. Docket No. 96-0806-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 16. Docket No. 96-0807-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 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.)

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.

Item carried forward from agenda of April 24, 1996.

Item 1. Docket No. 95-1684-RUL. Consideration for adoption of amendments to 30 TAC Chapter 116, Subchapter A, Section 116.12, regarding Nonattainment Review Definitions; Subchapter C, Section 116.211, regarding the Standard Exemption List; and revisions to the State Implementation Plan. The amendments to Section 116.12 will make the requirements for determining whether a proposed change will trigger nonattainment review consistent with recent changes to Section 116.150. The changes to the Standard Exemption List would add, clarify, and update 11 exemptions on the list. The proposal was published in the January 12, 1996 issue of the Texas Register (21 TexReg 300). (Jim Dodds) (Rule Log No. 95157-116-AI)

Adopt Staff Recommendations with changes, RM/BM

Item carried forward from Agenda of May 2, 1996.

Item 2. Docket No. 95-0572-IHW-E. Consideration of a Default Order requiring certain actions of Mr. Jesus De La Llata in Cameron County; SWR No. 81053; for Industrial & Hazardous Waste violations pursuant to Chapter 26 of the Texas Water Code, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Patricia Capps).

Issue Default Order, RM/BM

Item carried forward from Agenda of May 2, 1996.

Item 3. Docket No. 96-0581-RUL. Consideration for publication of and hearing on a proposed new 30 TAC Chapter 106, concerning Exemptions from Permitting, Subchapter A, concerning General Provisions and Subchapter B, concerning Changes at Permitted Facilities. The proposed rules will establish the general requirements for exemptions from permitting in the restructured framework. (Jim Dodds) (Rule Log No. 96122-106-AI).

Go forward with publication and hearing, RM/BM

Item carried forward from Agenda of May 2, 1996.

Item 4. Docket No. 96-0580-RUL. Consideration for publication of and hearing on a proposed new 30 TAC Chapter 106, Section 106.102, regarding Comfort Heating. The proposed rule would create a new Section 106.102, which is a recodification of current Standard Exemption Number 3, with changes to allow for burning distillate fuel oil (containing less than 0.3% sulfur) and to allow for the burning of used oil in comfort space heaters if certain distance and firing rate limitations are met. (Jim Dodds) (Rule Log Number 96121-106-AI)

Continued to May 29, 1996

Item carried forward from Agenda of May 2, 1996.

Item 5. Docket No. 95-0695-RUL. Consideration for publication of and hearing on 30 TAC Chapter 39, concerning Public Notice. If adopted, the new chapter would centralize and clarify many of the public notice requirements of the commission. (Richard S. O'Connell) (Rule Log No. 96124-039-AD)

Continued to May 29, 1996

Item carried forward from Agenda of April 17, and May 2, 1996.

Item 6. Docket No. 95-1315-IWD. Consideration of ALJ's Proposal for Decision and Order concerning the application of Exxon Corporation, Exxon Company, U.S.A. for a renewal of permit no. 00592 to authorize the discharge of 30 mgd of treated industrial wastewater effluent in Harris County, Texas, and segment no. 1005 of the San Jacinto River Basin. Recommendation: Issuance. (Elizabeth Todd)

Accept Executive Directors proposed changes for the permit. Item #1 of that permit changes from 29 days to 27 days, including items #5 and #6 and also including language suggested by the Harris County Pollution Control District and agreed to by Exxon, RM/JB