UNCONTESTED (Class 2 Modification to Waste Disposal Well Permit)
Item 1. Docket No. 96-1085-UIC. Consideration of an application by CHEMICAL WASTE MANAGEMENT, INC. - PORT ARTHUR for a Class 2 permit modification to Permit No. WDW-160 in accordance with 30 TAC Section 305.69. The permit authorizes operation of a commercial hazardous waste management facility to store, process and dispose of industrial hazardous wastes. The permit modification will authorize the addition of 6 newly listed K-wastes and 58 newly listed P- and U- wastes produced in the carbamate pesticide industry to the list of hazardous wastes managed at this facility. The permit authorizes the storage of 3,178,868 gallons of hazardous waste in 28 tanks and one container storage area and the injection of up to 103,680,000 gallons of wastewater per year. The facility is located on 7.6 acres of land on the south side of State Highway 73, approximately three miles west of Port Arthur, Jefferson County, Texas.
Issue Class 2 Modification, JB/RM
UNCONTESTED (Class 2 Modification to Hazardous Waste Permit)
Item 2. Docket No. 96-1083-IHW. Consideration of an application by CHEMICAL WASTE MANAGEMENT, INC. - PORT ARTHUR for a Class 2 permit modification to Permit No. HW-50212 in accordance with 30 TAC Section 305.69. The permit authorizes operation of facility to store, process and incinerate hazardous and industrial solid wastes. The permit modification will authorize the addition of 6 newly listed K-wastes and 58 newly listed EPA waste codes (P- and U- wastes) produced in the carbamate pesticide industry to the list of hazardous wastes managed at this facility. The modification will also add an application submittal date to one of the Facility Modification provisions. The facility is located on approximately 442 acres on the south side of State Highway 73, approximately three miles west of the State Highway crossing over Taylor Bayou, approximately nine miles west of Port Arthur, Jefferson County, Texas.
Issue Class 2 Modification, JB/RM
Item 3. Docket No. 96-1084-IHW. Consideration of an application by WASTE CONTROL SPECIALISTS, LLC for a Class 2 permit modification to Permit No. HW-50296 in accordance with 30 TAC Section 305.69. The permit authorizes operation of a commercial industrial and hazardous waste management facility which stores, processes and disposes of hazardous, Class 1, Class 2 and Class 3 wastes. The permit modification will authorize the deletion of requirements for the construction of the stormwater collection and diversion trough. The modification will also revise provisions concerning the prohibition of storage, processing and disposal of radioactive wastes. The facility is located on an 1,338-acre tract of land one mile north of Texas Highway 176 and 400 feet east of the New Mexico state line, approximately 30 miles west of Andrews in Andrews County, Texas.
Issue Class 2 Modification, RM/BM
UNCONTESTED (Class 3 Modification to Hazardous Waste Permit)
Item 4. Docket No. 96-1082-IHW. Consideration of an application by U.S. ARMY AIR DEFENSE ARTILLERY CENTER AND FORT BLISS for a Class 3 permit modification to Permit No. HW-50296 in accordance with 30 TAC Section 305.69. The permit authorizes operation of an industrial and hazardous waste management facility. The permit modification will authorize the construction of four proposed container storage areas and the modification of two existing container storage areas for the storage of hazardous waste. The hazardous waste permit authorizes the storage of 157,960 gallons in 9 container storage areas, and post-closure care and maintenance at the Chromic Acid Pit for 30 years. The facility is located at Biggs Army Air Field, on approximately 1,115 million acres in El Paso, El Paso County, Texas.
Issue Class 3 Modification, BM/JB
CONTESTED (Hearing Request)
Item 5. Docket No. 96-0933-MWD. EARL DUNGAN for renewal of Permit No. 13145-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 50,000 gallons per day. The wastewater treatment facilities are approximately 4,000 feet north of the intersection of State Highway 156 and Farm-to-Market Road 224, approximately 4.2 miles southeast of the intersection of U.S. Highway 190 and State Highway 156 in San Jacinto County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Bob Sweeney)
Refer to State Office Administrative Hearing, but no hearing to be scheduled for 8 weeks and allow Alternative Dispute Resolution to Mediate, JB/RM
Item 6. Docket No. 96-0934-IHW. EMPAK INC. for a Class 2 modification to Permit No. HW-50025-001 which authorizes operation of a commercial industrial solid waste storage, processing and disposal facility for the management of hazardous wastes, Class 1 and Class 2 nonhazardous industrial solid wastes. The facility is located at 2759 Battleground Road on a 4.5-acre tract of land adjacent to State Highway 134 (Battleground Road) approximately 0.8 miles southwest of the San Jacinto Monument in Deer Park, Harris County, Texas. (John Clegg/Sharon Smith)
Deny hearing request, approve class 2 modification, BM/JB
Item 7. Docket No. 06-1020-AIR. GETMAN REDI-MIX, INC. for Standard Exemption No. 71 under Standard Exemption Registration No. 32520 in order to construct a Concrete Batch Plant. The proposed site is located at the northwest corner of I-40 West and Helium Road in Amarillo, Potter County, Texas. The Commission will consider the application and the hearing requests and protests that have been filed on the application. (Scott Humphrey/Earl Jones)
Refer to State Office Administrative Hearing, with instructions to delay hearing until Alternative Dispute Resolution has had an opportunity to Mediate. If mediation fails and if it is determined that protestants live within a quarter mile, then proceed to hearing on merits, if it is determined that protestants do not live within a quarter a mile then bring matter back to commission for determination, JB/RM
Item 8. Docket No. 96-0935-MWD. CITY OF GRAPEVINE for a minor amendment to Permit No. 10486-02 to modify provision 6 of the existing permit which requires the permittee to conduct a study to quantify and determine the impact of the nutrients in Segment No. 0826. The current permit authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 3,750,000 gallons per day, which will remain the same. The wastewater treatment facilities are immediately northwest of the intersection of North Scribner and Shady Brook Road in Grapevine in Tarrant County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Bob Sweeney)
Deny hearing request, issue permit with inclusion of additional language into permit as provdied by letter to Chief Clerks Office, RM/BM
Item 9. Docket No. 96-0977-AIR. ELECTROSOURCE, INC. for Air Quality Permit No. 29136 authorizing the construction and operation of a Lead-Acid Battery Production Facility. The facility is located at 2809 IH 35 South, San Marcos, Hays County, Texas. The Commission will consider the application and the hearing requests filed on the application. (David Duncan/Stephanie Howell)
Remand to State Office Administrative Hearing, RM/BM
Item 10. Docket No. 96-0976-IHW. ELF ATOCHEM NORTH AMERICA, INC. to renew and amend Permit Nos. WDW-122 and WDW-230 which authorize the subsurface disposal of non-hazardous industrial wastes generated on-site from the manufacture of petrochemical products. The permit amendments will authorize the following: (1) provision for the future use of additional surface facilities to be built in accordance with an agreed order; (2) a revised description of the waste streams; (3) an increase of the maximum rate of injection for each well from 150 gallons per minute (gpm) to 300 gpm; (4) an increase in the monthly cumulative volume of wastewater injected into the two wells from 6,696,000 gallons to 13,392,000 gallons and the annual cumulative volume from 78,840,000 to 157,680,000 gallons; and (5) the pH of the waste steams is limited to a range of greater than 4.0 and less than 12.0 during normal operations. The authorized injection zones for the wells are within the Frio and Upper Vicksburg Formations at the well log depths of 4,600 to 6,700 feet. The authorized injection intervals are at the well log depths of 5,100 to 6,700 feet within the authorized injection zones. The operating surface injection pressure shall not exceed 1200 pounds per square inch gauge (psig) for each well. The facility is located at 18000 Crosby Eastgate Road near the intersection of Crosby Eastgate Road and U.S. Highway 90 near Crosby, Harris County, Texas. The Commission will consider the application and the hearing requests filed on the application. (Sharon Smith/Alice Rogers)
Deny Hearing and Issue Permit, JB/RM
Item 11. Docket No. 96-0978-MWD. DONALD V. SAIA for a permit (Proposed Permit No. 13829-01) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 13,500 gallons per day. The proposed permit would also authorize a variance to the buffer zone requirements in accordance with 30 TAC Chapter 309.13(e)(1)(A). The Hickory Ridge MHP Wastewater Treatment Plant is on the north side of Farm-to-Market Road 320, east of the intersection of Farm-to-Market Roads 3324 and 320, approximately two and one half miles west of the City of Palestine in Anderson 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, JB/RM
Item 12. Docket No. 96-0980-MWD. CITY OF ANNA for an amendment to Permit No. 11283-01 to authorize an increase in the discharge of treated domestic wastewater effluent from a final volume not to exceed an average flow of 155,000 gallons per day to a final volume not to exceed an average flow of 250,000 gallons per day. The permittee is also requesting a variance to the buffer zone requirements in accordance with 30 TAC Chapter 309.13(e)(1)(B). The wastewater treatment plant is approximately 1 mile south and 0.9 miles west of the intersection of Farm-to-Market Road 455 and State Highway 5 in Collin County, Texas. The Commission will consider the application and the hearing requests filed on the application. (Tom Weber/Bob Sweeney)
Issue Permit, RM/JB
Item 13. Docket No. 96-0979-IWD. PROMISED LAND DAIRY, INCORPORATED for a permit (Proposed Permit No. 03873) to authorize the disposal of process wastewater from an ice cream, butter production and milk processing plant by irrigation on 50 acres of coastal bermuda and winter grass. The disposal volume shall not exceed 50,000 gallons per day average. No discharge of pollutants into the waters of the State is authorized by this permit. The treatment/storage lagoon and irrigation site are adjacent to State Highway 97 approximately four miles southwest of the intersection of State Highway 97 and Loop 181, near the City of Floresville, Wilson 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, JB/BM
CONTESTED (Utility Matter)
Item 14. Docket No. 94-0786-UCR. Petition by Ridge Investors, Ltd. requesting a review of the fees charged by Dessau Utility Company, Inc. for sewer service. The Commission will consider the remand order dated February 16, 1996, issued by the 53rd Judicial District Court, Travis County, in Cause No. 95-02063, concerning Dessau Utility Company, Inc. v. TNRCC. The utility is located in Travis County.
Accept changes to order as recommended by Public Interest Counsel, JB/RM McBee voted against motion.
CONTESTED (Authorization to Construct)
Item 15. Docket No. 96-1111-IWD. Consideration of E. I. DuPont de Nemours and Company's request for an Order authorizing commencement of construction of a wastewater treatment and disposal facility prior to Commission consideration of its application for a wastewater discharge permit. The proposed authorization to construct would not permit the discharge of any wastewater. (Jaime SLaughter/Ernest D.McFarland, Jr.)
Grant Authorization to Construct, RM/JB. McBee voted no.
CONTESTED (Air Quality Enforcement)
Item 16. Docket No. 96-0516-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of B & S Properties in Wichita County; Account No. WH-0127-E; 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. (Lisa Newcombe).
Issue Default Order, BM/JB
Item 17. Docket No. 96-0841-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lyondell-Citgo Refining Company, Ltd. in Houston, Harris County; Account No. HG-0048-L; 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. (Lisa Uselton Dyar).
Issue Agreed Order, RM/BM
Item 18. Docket No. 96-0445-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of American Rockwool, Incorporated in Nolanville, Bell County, Texas; Account No. BF-0107-S; 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. (Lisa Uselton Dyar).
Issue Agreed Order, RM/BM
Item 19. Docket No. 96-0514-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Aero Chrome Services, Inc. in Bexar County; Account No. BG-0606-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. (Lisa Newcombe).
Issue Default Order, BM/JB
Item 20. Docket No. 96-0846-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of E & L Asphalt and Materials, Incorporated in Fayette County; Account No. 91-6938-W; 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 Capps).
Issue Agreed Order, RM/BM
Item 21. Docket No. 96-0104-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Great Western Press, Inc. in Dallas County; Account No. DB- 2805-G; 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. (Linda G. Sorrells).
Issue Agreed Order, RM/BM
Item 22. Docket No. 96-0797-AIR-E. Consideration of an Agreed Order requiring certain actions of Killeen Marble Company in Bell County; Account No. BF-0202-A; 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. (Greg Warmink).
Issue Agreed Order, RM/BM
Item 23. Docket No. 96-0845-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Luminator Holding, LLC--a wholly-owned subsidiary of Mark IV Industries, Inc. in Collin County; Account No. CP-0037-H; 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. (Walter Ehresman).
Issue Agreed Order, RM/BM
Item 24. Docket No. 96-0796-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Farstad Gas and Oil, L.L.C. in Midland County; Account No. ML-0231-L; 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. (Walter Ehresman).
Issue Agreed Order, RM/BM
Item 25. Docket No. 96-1106-AIR-E. Consideration of an Agreed Order making the emission reductions of fugitive volatile organic compounds at the Oxy Petrochemicals Company Bayport Plant federally enforceable for the purpose of certifying the emission reductions. (Ruth Reiman)
Issue Agreed Order, RM/JB
CONTESTED (Petroleum Storage Tank Enforcement)
Item 26. Docket No. 96-1003-PST-E. Consideration of an Enforcement Order requiring certain actions of Lacey & Hollis Petroleum, Inc. and Jan Krenek in Nacogdoches County; Facility No. 25428; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Raymond C. Winter).
No Action Required
Item 27. Docket No. 96-0998-PST-E. Consideration of an Enforcement Order requiring certain actions of Lacey & Hollis Petroleum, Inc. and Jewell Lawson in Nacogdoches County; Facility No. 25414; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission (Raymond C. Winter).
Issue Enforcement Order, BM/RM
Item 28. Docket No. 96-1002-PST-E. Consideration of an Enforcement Order requiring certain actions of Lacey & Hollis Petroleum, Inc. and Jan Krenek in Nacogdoches County; Facility No. 25426; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Raymond C. Winter).
Issue Enforcement Order, BM/RM
Item 29. Docket No. 96-0999-PST-E. Consideration of an Enforcement Order requiring certain actions of Lacey & Hollis Petroleum, Inc. and Jan Krenek in Nacogdoches County; Facility No. 25415; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Raymond C. Winter).
No Action Required
Item 30. Docket No. 96-1004-PST-E. Consideration of an Enforcement Order requiring certain actions of Lacey & Hollis Petroleum, Inc. and Greg Harper in Angelina County; Facility No. 42609; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Raymond C. Winter).
Issue Enforcement Order, BM/RM
Item 31. Docket No. 96-1005-PST-E. Consideration of an Enforcement Order requiring certain actions of Lacey & Hollis Petroleum, Inc. and Joe Wenger in Nacogdoches County; Facility No. 42611; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Raymond C. Winter).
Issue Enforcement Order, BM/RM
Item 32. Docket No. 96-1006-PST-E. Consideration of an Enforcement Order requiring certain actions of Lacey & Hollis Petroleum, Inc. and Ben Hollis in Angelina County; Facility No. 42613; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Raymond C. Winter).
Issue Enforcement Order, BM/RM
Item 33. Docket No. 96-1001-PST-E. Consideration of an Enforcement Order requiring certainactions of Lacey & Hollis Petroleum, Inc. and Harry Billiott in Nacogdoches County; Facility No. 25422; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Raymond C. Winter).
No Action Required
Item 34. Docket No. 96-1007-PST-E. Consideration of an Enforcement Order requiring certain actions of Lacey & Hollis Petroleum, Inc. and Ben Hollis in Angelina County; Facility No. 42614; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Raymond C. Winter).
Issue Enforcement Order, BM/RM
Item 35. Docket No. 96-1008-PST-E. Consideration of an Enforcement Order requiring certain actions of Lacey & Hollis Petroleum, Inc. and Charles Oliver in Angelina County; Facility No. 42620; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Raymond C. Winter).
Issue Enforcement Order, BM/RM
Item 36. Docket No. 96-1010-PST-E. Consideration of an Enforcement Order requiring certain actions of Lacey & Hollis Petroleum, Inc. and Bill Thomas in Houston County; Facility No. 42624; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Raymond C. Winter).
Continued to July 24, 1996
Item 37. Docket No. 95-1390-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jerrel Latham in Montgomery County; ID No. E10823; for petroleum storage tank violations pursuant to the Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Raymond Winter).
Issue Agreed Order, JB/RM
CONTESTED (Resolutions)
Item 38. Docket No. 96-1117-RES. Request by the Texas Water Development Board (TWDB) for Commission ratification of findings made by the Texas Department of Health, that a nuisance dangerous to the public health and safety exists resulting from water supply and sanitation problems in nine areas served by the Economically Distressed Areas Program (EDAP) administered by the TWDB under Chapter 17, Subchapter K of the Texas Water Code. The nine EDAP areas are: (1) City of Weslaco - Southwest colonias, (2) Starr County Water Control & Improvement District No. 2 - Las Lomas, (3) Lower Valley Water District - Phase II and Phase III, (4) City of Del Rio - Val Verde Park Estates, (5) City of Mercedes - DeAnda and Saenz colonias, (6) City of Laredo - Larga Vista, (7) City of Spofford, (8) Town of Combes -Stardust and Lasana Colonias, and (9) Catarina Water Supply Corporation. (Jim Bateman)
Approve Staff Recommendation with respect to 6 of the nine areas and remand 3 back to Executive Director, BM/RM
Item 39. Docket No. 96-1116-RES. Consideration of a resolution delegating authority to the Executive Director of the Commission to issue findings, that a nuisance dangerous to the public health and safety exists resulting from water supply and sanitation problems in areas served by the Economically Distressed Areas Program administered by the Texas Water Development Board (TWDB) under Chapter 17, Subchapter K of the Texas Water Code. (Jim Bateman)
Issue Resolution with changes as recommended by Commissioners, BM/RM
CONTESTED (Rules)
Item 40. Docket No. 96-1019-RUL. Consideration for publication of and hearing on proposed new Section 122.135, concerning Grandfather Requirements, in Title 30, Texas Administrative Code, Chapter 122 (30 TAC Chapter 122). The proposed rule would provide an exemption from the requirement to submit grandfather emission rates in the operating permit application for the owners or operators of sites subject to the federal operating permits program. (Jim Dodds) Rule Log No. 96137-122-AI).
Approve Publication and Hearing, RM/BM
Item 41. Docket No. 96-0429-RUL. Consideration for adoption of new 30 TAC Chapter 7, Section 7.101, concerning Memorandum of Understanding (MOU) between the Texas Natural Resource Conservation Commission and the Texas Department of Commerce. The MOU would provide for coordinated assistance to small businesses. The proposal was published in the April 12, 1996 issue of the Texas Register (21 TexReg 3145). (Lisa Evans) (Rule Log No. 95169-007-AD).
Adopt 30 TAC Chapter 7, Section 7.101, RM/BM
Item 42. Docket No. 96-0492-RUL. Consideration for adoption of amendments to 30 TAC Chapter 101, Sections 101.24, Inspection Fees; and 101.27, Emissions Fees. The changes if adopted will establish the emissions fee rate for Fiscal Year 1997 and subsequent years until amended, set a single due date for payment of inspection and emissions fees, and incorporate late payment penalties. The proposed rules were published in the April 30, 1996 issue of the Texas Register (21TexReg 3685). (Steve Ortiz) (Rule Log No. 96100-101-AI).
Continued to July 24, 1996
Item 43. Docket No. 96-0463-RUL. Consideration for adoption of a 60-day extension to the emergency rules adopted on March 20, 1996, and published in the April 12, 1996, issue of the Texas Register (21TexReg 3103); and consideration for publication of proposed amendments to 30 TAC Chapter 330, adding new Section 330.804, concerning Use of Tire Shreds in Landfills, and amending Section 330.602, concerning Fees. The proposed new section and amendment would provide for a reduction in fees by a landfill that uses tire shreds in its leachate collection system, protective cover or final cover, and would replace the emergency rules, but with an expiration date of December 31, 1996. (Jennifer Sidnell)(Rule Log No. 96123-330-WS).
Approve Staff Recommendation, RM/BM
Item 44. Docket No. 96-1055-RUL. Consideration for publication of the repeal of 30 TAC Chapter 310 and new 30 TAC Chapter 210, concerning Use of Reclaimed Water. The proposed new sections establish criteria for authorization of reclaimed water activities which adequately protect the health of persons who might normally come into contact with reclaimed water, will protect against adverse effects from reclaimed water should crops be irrigated with reclaimed water, and will ensure that the conveyance, storage, and use of reclaimed water will not pose adverse effects upon surface water, ground water, and soil resources. (Tom Weber)(Rule Log No. 95121-210-WT)
Approve Staff Recommnedation with changes as recommended, RM/JB
Item 45. Docket No. 96-1034-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 334, Subchapter K, concerning Petroleum Substance Waste. The proposed rules would provide: terminology updates; an Executive Director variance; denial, suspension, and revocation of registrations; new renewal of registration provisions; an exemption from the requirements of 30 TAC Chapter 334 for petroleum contaminated soil treatment facilities located at municipal landfills; new notice/public meeting requirements; and a change to the spill reporting requirement. (Janet Bauchman)(Rule Log No. 95120-334-WS).
Proceed with publication, JB/BM
Item 46. Docket No. 96-0650-RUL. Consideration for publication and hearing on a proposed new 30 TAC Chapter 37, concerning Financial Assurance Requirements & Mechanisms, amendments to 30 TAC Chapter 332, Subchapter D, concerning Compost Facilities Requiring a Permit, and amendments to 30 TAC Chapter 334, Subchapter K, concerning Storage, Treatment and Reuse Procedures for Petroleum-Substance Contaminated Soil. The proposed new chapter would provide requirements for financial assurance for permitted compost facilities and registered Class A and B facilities. The new chapter would also serve as a template for any further consolidation of requirements for financial assurance. (Randall Terrell)(Rule Log No. 96127-037-AD)
Proceed with publication, BM/JB
Item 47. Docket No. 96-0490-RUL. Consideration for adoption of amendments to 30 TAC Chapter 291, concerning water rates. If approved, these amendments would allow the implementation of a previously approved temporary water rate during times of mandatory water use reductions and would update references, conform the rules to a recent statutory change and correct typographical errors. The proposed rules were published in the April 16, 1996 issue of the Texas Register (21TexReg 3315). (Steve Blackhurst) (Rule Log No. 95208-291-WT).
Continued to July 24, 1996
CONTESTED (Administrative Law Judge's Proposal for Decision)
Item 48. TNRCC Docket No. 96-0137-MWD; SOAH Docket No. 582-96-0821. Consideration of Administrative Law Judge's Proposal for Decision & Order concerning the Application of Tom Holmes dba Holmwood Subdivision for Permit No. 13801-001 to authorize the discharge of .048 mgd of treated domestic wastewater effluent in Jasper County, Texas, and Segment No. 0602 of the Neches River Basin. Recommendation: Dismissal or denial of requests for evidentiary hearing upon the application. (ALJ) Mike Rogan
Adopt Proposal for Decision and Issue Order, JB/RM
EXECUTIVE SESSION
Item 49. Docket No. 96-1130-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.
Continued to July 11, 1996
Item 50. Docket No. 96-1131-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.
Continued to July 11, 1996
(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 A TRANSLATOR 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.
Item carried forward from Agenda of May 2, 1996.
Item 1. Docket No. 96-0540-AIR. Recycled Aggregates,Inc. for an application to authorize relocation of a permitted (Air Quality Permit No. 28841B) facility for a concrete and rock crusher. The facility is located two miles south of FM 1810 on Highway 101 in Chico, Wise County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Vic Ramirez)
No Action Required
Item carried forward from Agenda of May 2, 1996.
Item 2. Docket No. 96-0541-AIR. Recycled Aggregates, Inc. for an application to authorize relocation of a permitted (Air Quality Permit No. 28490B) facility for a concrete and rock crusher. The facility is located at 10631 C.F. Hawn Freeway, Dallas, Dallas County, Texas. The commission will consider the application and the hearing requests that have been filed on the application. (Vic Ramirez)
No Action Required
Item carried forward from agenda of April 24, 1996 and May 29, 1996.
Item 3. Docket No. 96-0518-IWD. UNIMIN CORPORATION for an amendment to Permit No. 01401 to increase the discharge volume and add an outfall (Outfall 003) to monitor the discharge of mine seepage water and stormwater runoff. The permit currently authorizes a discharge of mine seepage water via Outfalls 001 and 002 at a total combined volume not to exceed 500,000 gallons per day average. The proposed amendment would authorize discharge volumes not to exceed an average of 500,000 gallons per day via Outfall 001; 500,000 gallons per day via Outfall 002; and 600,000 gallons per day via Outfall 003. The applicant operates a sand mining and processing operation. The plant site is on County Road 308 approximately 3/4 mile north of the intersection of County Road 308 and U.S. Highway 67 in the northeast corner of Somervell 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, JB/BM
Item carried forward from Agenda of June 12, 1996.
Item 4. Docket No. 96-0829-MWD. ARTHUR E. BAYER for a permit (Proposed Permit No. 13819-01) to authorize a discharge of treated domestic wastewater effluent at an interim volume not to exceed an average flow of 30,000 gallons per day and a final volume not to exceed an average flow of 60,000 gallons per day. The proposed wastewater treatment facility will serve a mobile home park in the interim phase and include the Community of Old Town Spring in the final phase. The wastewater treatment facilities are adjacent to the east right-of-way of Lemm Gully, approximately 1,400 feet south of Spring-Cypress Road in Harris County, Texas. The Commission will consider the application and the protests that have been filed on the application. (Tom Weber/Bob Sweeney)
Issue Permit, JB/RM
Item carried forward from Agenda of May 29, 1996 and June 12, and June 26, 1996.
Item 5. Docket No. 96-0730-CON. Consideration of authorizing the Executive Director to Execute a Contract with Oracle Corporation for the purchase of the Software for Oracle Government Financial and for the Associated Programming Cost to implement the system at TNRCC. Oracle Government financial is an integrated financial management system, which will be used for functions related to financial accounting and information management, including accounting, purchase requisitions, budgeting, grant billing, reporting, management of fixed assets, etc.
Continued to July 24, 1996
Item carried forward from Agenda of May 29, 1996 and June 12, and June 26, 1996.
Item 6. Docket No. 96-0430-DIS. The Commission will consider the Motion for Rehearing filed concerning the petition to exclude land from the boundaries of Harris County Municipal Utility District No. 50. On April 3, 1996, the Commission approved the petition. The Chief Clerk mailed the Commission's order on April 19,
1996.
Grant Motion for Rehearing for limited purpose of modifying previous order of this agency to incorporate the terms of the settlement agreement of the parties, BM/RM
Item carried forward from Agenda of May 29, 1996 and June 12, and June 26, 1996.
Item 7. Docket No. 96-0881-EXE. The Commission will meet in closed session to receive legal advice on agency options relating to the Federal Operating Permit program and the impact of that program on the TNRCC minor new source review program, 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.
Continued to July 24, 1996
Item carried forward from Agenda of June 12, and June 26, 1996.
Item 8. Docket No. 96-0822-IWD. IBP, INC. for an amendment to Permit No. 01873 to change the permit from a discharge permit to a permit authorizing disposal by irrigation. The proposed amendment would authorize a disposal volume not to exceed 4,000,000 gallons per day average into the playa lake (known as Lake McGee). The maximum total volume of irrigation water applied to the disposal area via irrigation during any calendar year shall not exceed 2.7 acre-feet per acre irrigated. No discharge of pollutants into the waters of the State is authorized by this permit. The applicant operates a beef slaughtering, processing and rendering facility. The plant site is on the northeast side of the junction of U.S. Highway 66 East and Farm-to-Market Road 1912. The irrigation site is located two miles north of the intersection of Farm-to-Market Road 1912 and U.S. Highway 66 East and five miles northeast of the Amarillo Municipal Airport in Potter 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, RM/JB
Item carried forward from Agenda of June 26, 1996.
Item 9. Docket No. 96-1023-RUL. Consideration for publication of and hearing upon proposed amendments to 30 TAC Chapter 50, concerning Action on Applications; Chapter 55, concerning Request for Contested Case Hearings; and Chapter 80, concerning Contested Case Hearings. Options will be presented to expedite the processing of hearing requests and to clarify the interpretation of "affected persons," "reasonableness," and "competent evidence." This is Phase III of the ongoing project to reorganize, clarify, and consolidate the Commission's procedural rules. (Randall Terrell)
Continued to July 24, 1996
Item carried forward from Agenda of June 26, 1996.
Item 10. Docket No. 96-0924-IWD. APPLICATION BY LONE STAR INDUSTRIES, INC. for a Temporary Order to authorize the discharge of the collected water from the quarry pond to an intermittent tributary of Sweetwater Creek near the northern boundary of the undeveloped property north of the evaporation pond. Lone Star operates an open pit limestone quarry and cement manufacturing facility located one mile northwest of the intersection of Farm-to-Market Road 608 and Farm-to-Market Road 1170, approximately 0.7 mile northwest of the City of Maryneal in Nolan County, Texas. The applicant has stated that this request is justified because there is no feasible alternative to the discharge. The proposed discharge will not present a significant hazard to human life and health, unreasonable damage to property of persons other than the applicant, or unreasonable economic loss to persons other than the applicant. The Temporary Order, if issued, would authorize the discharge of stormwater, dust suppression runoff, vehicle wash water and water treatment filter backwash at a maximum volume of 720,000 gallons during any 24-hour period.
Remand to State Office Administrative Hearing and Reset for July 24, 1996 Agenda
Item carried forward from Agenda of June 26, 1996
Item 11. Docket No. 96-1076-EXE. The Texas Natural Resource Conservation Commission will meet in closed session to deliberate the duties of its Public Interest Counsel as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the 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 Government Code.
Continued to July 11, 1996
Item carried forward from Agenda of June 26, 1996.
Item 12. Docket No. 96-1078-EXE. The Texas Natural Resource Conservation Commission will meet in closed session to deliberate the duties of its Director of the Office of Public Assistance as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the 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 Government Code.
No Action Taken
Item 51. Docket No. 96-1149-RES. Consideration of a Commission Resolution directing the Executive Director to suspend the processing of applications for temporary water use permits in the following river basins and coastal basins: Brazos River Basin, Brazos-Colorado Coastal Basin, Colorado River Basin, Coastal Basin, Guadalupe River Basin, Lavaca River Basin, Lavaca-Guadalupe Coastal Basin, San Antonio River Basin, San Antonio-Nueces Coastal Basin and tributaries of the Rio Grande. (II. Montelongo/K. Sokulsky)
Adopt Resolution for Basins in Posting Only, JB/BM
Item 52. Docket No. 95-1315-IWD. The Commission will consider the motion for rehearing filed by Rick Abraham, Cecil Carroll, James Barnaba, Julia Morton, Paul Morton, Raymond Robinson, and Texas United Education Fund concerning the application by Exxon Company U.S.A. to renew Permit No. 00592. On May 15, 1996, the Commission considered and adopted as amended the Administrative Law Judge's Proposal for Decision recommending issuance of the Exxon application. The Commission order was mailed on May 31, 1996.
Deny Motion for Rehearing, RM/JB
Item 53. Docket No. 96-1179-RUL. Consideration of emergency adoption of new 30 TAC Chapter 210, Subchapter D, 210.41 - 210.46, relating to Alternative and Pre-existing reclaimed water systems. These rules would facilitate the conservation and reuse of water by authorized by Chapter 310 relating to the Use of Reclaimed Water. Adoption of these rules on an emergency basis is necessary to address existing and increasing drought conditions in the state that present an imminent peril to the public health, safety, and welfare. (Tom Weber) (Rule Log Number 95121-210-WT).
Approve Emergency adoption of New 30 TAC, Chapter 210 Subchapter D, 210.41 - 210.46, RM/JB