UNCONTESTED (Awards)Item 1.
| Docket No. 96-1792-MIS. Presentation of awards to RCRA
inspectors. (Warren) | Awards Presented |
| UNCONTESTED (Agency Enforcement Report) | Item 2.
| Docket No. 96-1700-RPT. Discussion of an Agency Report on
Enforcement Actions from various programs including
Agriculture, Air, Industrial & Hazardous Waste, Multi-Media,
Municipal Solid Waste, Occupational Certification, Petroleum
Storage Tanks, Water Quality, and Public Water Supply. The
discussion will also include a description of the status of
enforcement backlogs. (Anne Dobbs/Paul Sarahan). | No Action Required |
| UNCONTESTED (Class 3 Modification) | Item 3.
| Docket No. 96-1464-IHW. Consideration of an application by
CITGO REFINING AND CHEMICALS COMPANY, L.P. for a
Class 3 modification to Permit No. HW-50160 in accordance with
30 TAC Section 305.69. The permit authorizes the operation of a
non-commercial industrial solid waste management facility for the
management of hazardous wastes. The permit modification will
authorize post-closure care for a surface impoundment closed as a
landfill. The facility is located at 1801 Nueces Bay Blvd., Corpus
Christi, Nueces County, Texas. (John Clegg) | Issue Class 3 Modification, RM/JB. All Commissioners Agree |
| CONTESTED (Hearing Request) | Item 4.
| Docket No. 96-1589-MWD. EAST CENTRAL INDEPENDENT
SCHOOL DISTRICT for a permit (Proposed Permit No. 13844-01) to authorize the disposal of treated domestic sewage effluent
via irrigation on a minimum of 4-acres of publicly accessible
(school athletic field) land. The disposal volume is not to exceed
an average of 22,500 gallons per day. Application rates for the
irrigated land are not to exceed 3.44 acre-feet/acre/year. No
discharge of pollutants into the waters of the State is authorized
by this permit. The wastewater treatment facilities and the
disposal site are approximately 3.8 miles east of the intersection
of New Sulphur Springs Road and Interstate Highway Loop 410
in Bexar County, Texas. The Commission will consider the
application and the hearing requests that have been filed on the
application. (Tom Weber/Robert Martinez) | Remand to Alternative Dispute Resolution for 4 Weeks, BM/RM. All
Commissioners Agree | Item 5.
| Docket No. 96-1633-AIR. SHELL OIL COMPANY for renewal
and consolidation of Air Quality Permit Nos. 3200 and 3201 to
authorize the continued operation of Central Power Station
Boilers 8610 and 8620. The facility is located at 5900 Hwy 225 in
Deer Park, Harris County, Texas. The Commission will consider
the applications and the hearing requests that have been filed on
the applications. (Kerri Rowland/Erik Hendrickson) | Deny Hearing Request and Consolidate two permits into 3201. RM/BM. All
Commissioners Agree | Item 6.
| Docket No. 96-1632-AIR. FINA OIL & CHEMICAL
COMPANY for a renewal of Air Quality Permit No. 3908B
authorizing the continued operation of a Trains 5 and 6
Polypropylene Unit. The facility is located at 1818 Battleground
Road in Deer Park, Harris County, Texas. The Commission will
consider the application and the hearing requests that have been
filed on the application. (Kerri Rowland/Timi Dutchuk) | Deny Request for Hearing and Issue Permit based on unreasonable hearing
request, RM/BM. All Commissioners Agree | Item 7.
| Docket No. 96-1570-MWD. FLINTLOCK, LTD. for a permit
(Proposed Permit No. 13848-01) to authorize a discharge of
treated domestic wastewater effluent at a volume not to exceed an
average flow of 17,500 gallons per day. The permittee is also
requesting a variance to the buffer zone requirements in
accordance with 30 TAC Section 309.13(e)(1)(A). The proposed
wastewater treatment facilities will provide service to Flintlock,
Ltd., an establishment involved in the manufacturing and
distribution of decorative candles. The plant site is located 1,400
feet north of the intersection of West Little York Road and
Fairbanks North Houston Road in Harris County, Texas. The
Commission will consider the application and the hearing requests
that have been filed on the hearing requests. (Tom Weber/Robert
Martinez) | Deny Hearing Request and Issue Permit, RM/JB. All Commissioners Agree | Item 8.
| Docket No. 96-1576-AIR. THE GEON COMPANY for Air
Quality Permit No. 4678B to authorize the continued operation of
a Polyvinyl Chloride Manufacturing Facility. The location of the
facility is 1105 Tidal Road in Deer Park, Harris County, Texas.
The Commission will consider the application and the hearing
requests that have been filed on the application. (Laura
Rowan/Tim Friday) | Deny Hearing, Issue Permit, based on unreasonable hearing and not based on
competent evidence, RM/JB. All Commissioners Agree | Item 9.
| Docket No. 96-1577-AIR. LONE STAR INDUSTRIES, INC. for
Air Quality Permit No. 7681 authorizing the continued operation
of the Raw Mills and Heaters Facility. The facility id located 3/4
mile north of Naryneal on the State Highway 608 West in
Sweetwater, Nolan County, Texas. The Commission will consider
the application and the hearing requests that have been filed on
the application. (Laura Rowan/Mike Gould) | Continued Until December 4, 1996 | Item 10.
| Docket No. 96-1593-AIR. LYONDELL-CITGO REFINING
COMPANY, LTD. for a renewal of Permit No. 2153 authorizing
the continued operation of Boilers 14 and 15. The facility is
located 12000 Lawndale, Houston, Harris County, Texas. The
Commission will consider the application and the hearing requests
that have been filed on the application. (Scott Humphrey/Melissa
Forey) | Approve Public Interest Counsel Recommendation, (Recommend Denial of
Hearing Request, not under 1125, but rather under our commission rules with
regard to hearing request, recommending it is an unreasonable hearing request,
JB/RM. All Commissioners Agree | Item 11.
| Docket No. 96-1591-MWD. WELLBORN RESOURCES LLC
for a permit (Proposed Permit No. 13850-01) to authorize a
discharge of treated domestic wastewater effluent at a volume not
to exceed an average flow of 120,000 gallons per day. The
Wellborn Resources LLC Wastewater Treatment Facilities are
4500 feet southwest of Farm-to-Market Road 2154 on Koppe
Bridge Road and approximately 1 mile south of Wellborn in
Brazos County, Texas. The Commission will consider the
application and the hearing requests that have been filed on the
application. (Tom Weber/Robert Martinez) | Deny Hearing Request and Issue Permit on grounds of non-judiciable Interest,
RM/JB. All Commissioners Agree | Item 12.
| Docket No. 96-1592-UIC. URI, Inc. for Permit Nos. WDW-250,
WDW-308 and WDW-309. WDW-250 is an amendment in order
to allow URI to accept waste for disposal from Phone-Poulenc's
Freeport Rare Earth Facility and also an amendment to authorize a
change to the top of the permitted injection interval at the Rosita
Mining Project. The Rosita Mining Project is approximately 11
miles north west of San Diego in Duval County, Texas. Permit
Nos. WDW-308 and WDW-309 are to authorize drilling and
operation of two non-hazardous waste disposal wells at the
Vasquez Mining Project. The Vasquez Mining Project is
approximately four miles north of Hebbronville near State
Highway 16 in southern Duval County, Texas. The Commission
will consider the applications and the hearing requests that have
been filed on the applications. (Sharon Smith/Alice Rogers) | See Item 50 |
| CONTESTED (Consider Opposition and Comments) | Item 13.
| Docket No. 96-1638-MWD. MILFORD INVESTMENTS, INC.
for a permit (Proposed Permit No. 13846-01) to authorize a
discharge of treated domestic wastewater effluent at a volume not
to exceed an average flow of 61,000 gallons per day. The
wastewater treatment facility will serve the Milford Investments,
Inc. - Grand Ranch subdivision. The wastewater treatment
facilities are 1,000 feet south of County Road 915 and
approximately 1.3 miles west of Farm-to-Market Road 1902 in
Johnson County, Texas. The Commission will consider the
application and the opposition and comments that have been filed
on the application. | Mediated by Alternative Dispute Resolution Office, Issue permit with changes
as agree on, BM/RM |
| CONTESTED (Levy of Standby Fee) | Item 14.
| Docket No. 96-1324-DIS. Consideration of a proposed order
approving an application by Three Lakes Municipal Utility
District of Harris County for approval of standby fees. For
Commission consideration. Applicant requests approval of the
levy of a standby fee to supplement the operations and
maintenance account. (TNRCC Internal Control No.
040896-D02, Robert Cummins) | | Approve Staff Recommendation, JB/RM. All Commissioners Agree |
| CONTESTED (Petroleum Storage Tank Enforcement Agreed
Orders) | Item 15.
| Docket No. 96-1213-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Mayfair Minerals, Inc. in Hidalgo County; PST Enforcement
Identification No. E11616; for petroleum storage tank violations
pursuant to the Texas Water Code, Section 26.136, and the rules
of the Texas Natural Resource Conservation Commission. (Sushi
Modak) | Issue Agreed Order, BM/JB. Commissioner Marquez Absent. | Item 16.
| Docket No. 96-1212-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Gooding Oil, Inc. in Medina County; Enforcement ID No.
E11609, Facility No. 1247; for petroleum storage tank violations
pursuant to Chapter 26 of the Texas Water Code, and the rules of
the Texas Natural Resource Conservation Commission. (Walter
Ehresman). | Issue Agreed Order, BM/JB. Commissioner Marquez Absent. |
| CONTESTED (Air Quality Enforcement Agreed Orders) | Item 17.
| Docket No. 96-1013-AIR-E. Consideration of an Agreed Order
requiring certain actions of A.Z. Auto Sales in El Paso County;
Account No. EE-1803-N; for air quality violations pursuant to the
Texas Clean Air Act, Chapter 382 and the rules of the Texas
Natural Resource Conservation Commission. (Tel Croston) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item 18.
| Docket No. 96-1385-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Credit Auto Sales in Kaufman County; Account No. KB-0152-J;
for air quality violations pursuant to the Texas Clean Air Act,
Chapter 382 and the rules of the Texas Natural Resource
Conservation Commission. (Mary Jennings) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item 19.
| Docket No. 96-0876-AIR-E. Consideration of an Agreed Order
requiring certain actions of D.J. Paint & Body Shop in Harris
County; Account Number HX-0795-U; 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. (Sheila Smith) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item 20.
| Docket No. 96-0983-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Dixie Chemical Company in Harris County; Account No.
HG-0199-M; for air quality violations pursuant to the Texas Clean
Air Act, Chapter 382 and the rules of the Texas Natural Resource
Conservation Commission. (Gloria Stanford) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item 21.
| Docket No. 96-0877-AIR-E. Consideration of an Agreed Order
requiring certain actions of Jaguar Paint & Body Shop in Harris
County; Account No. HX-0621-I; 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. (Sheila Smith) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item 22.
| Docket No. 96-1381-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Jones and Sons Auto Sales in Kaufman County; Account No.
KB-0155-D; for air quality violations pursuant to the Texas Clean
Air Act, Chapter 382 and the rules of the Texas Natural Resource
Conservation Commission. (Mary Jennings) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item 23.
| Docket No. 96-1251-AIR-E. Consideration of an Agreed Order
requiring certain actions of Kemco-Hunter Chemical Company in
Harris County; Account No. HG-0421-L; for air quality violations
pursuant to the Texas Clean Air Act, Chapter 382 and the rules of
the Texas Natural Resource Conservation Commission. (Stacey
Young) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item 24.
| Docket No. 96-1170-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Milwhite, Incorporated in Culberson County; Account No.
C2-0004-K; for air quality violations pursuant to the Texas Clean
Air Act, Chapter 382 and the rules of the Texas Natural Resource
Conservation Commission. (Stacey Young) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item 25.
| Docket No. 96-0827-AIR-E. Consideration of an Agreed Order
requiring certain actions of Pressing Answers, Incorporated in
Tarrant County; Account No. TA-3006-J; for air quality violations
pursuant to the Texas Clean Air Act, Chapter 382 and the rules of
the Texas Natural Resource Conservation Commission. (Dona
Lambacher) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item 26.
| Docket No. 96-1183-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Tello's Paint and Body Shop in Galveston County; Account No.
GB-0534-A; 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. (Sheila
Smith) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item 27.
| Docket No. 96-1384-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
The Car Lot, Incorporated in Dallas County; Account No.
DB-3240-E; for air quality violations pursuant to the Texas Clean
Air Act, Chapter 382 and the rules of the Texas Natural Resource
Conservation Commission. (Mary Jennings) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item 28.
| Docket No. 96-0850-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Truman Arnold Companies in Hunt County; Account No.
HV-0073-S; for air quality violations pursuant to the Texas Clean
Air Act, Chapter 382 and the rules of the Texas Natural Resource
Conservation Commission. (Kevin Cauble) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item 29.
| Docket No. 96-0836-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Victor Equipment Company in Denton County; Account No.
DF-0048-V; for air quality violations pursuant to the Texas Clean
Air Act, Chapter 382 and the rules of the Texas Natural Resource
Conservation Commission. (Carl Schnitz) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item 30.
| Docket No. 96-0878-AIR-E. Consideration of an Agreed Order
requiring certain actions of AA Manufacturing, Incorporated in
Dallas County; Account No. DB-3830-A; for air quality violations
pursuant to the Texas Clean Air Act, Chapter 382 and the rules of
the Texas Natural Resource Conservation Commission. (Stacey
Young) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item 31.
| Docket No. 96-0610-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Chavez Trucking, Inc. in El Paso County; Account No.
EE-0461-D 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. (Sheila
Smith) | Issue Agreed Order, RM/BM. All Commissioners Agree |
| CONTESTED (Municipal Waste Discharge Enforcement
Agreed Orders) | Item 32.
| Docket No. 96-0532-MWD-E. Consideration of an Agreed
Order assessing administrative penalties and requiring certain
actions of the City of Cactus in Moore County, Permit No. 03436;
for water quality violations pursuant to the Texas Water Code and
the rules of the Texas Natural Resource Conservation
Commission and Permit No. 03436. (Meyer/Henry) | Issue Agreed Order, BM/RM. All Commissioners Agree | Item 33.
| Docket No. 96-1308-MWD-E. Consideration of an Agreed
Order assessing administrative penalties and requiring certain
actions of the City of Atlanta in Cass County, Permit No.
10338-001; for violations pursuant to the Texas Water Code and
the rules of the Texas Natural Resource Conservation
Commission. (Merrilee Mears/Henry) | Issue Agreed Order, BM/RM. All Commissioners Agree | Item 34.
| Docket No. 96-1554-MWD-E. Consideration of an Agreed
Order assessing administrative penalties and requiring certain
actions of the Town of Broaddus in San Augustine County;
Permit No. 11772-001; for violations pursuant to the Texas Water
Code and the rules of the Texas Natural Resource Conservation
Commission. (Meyer/Henry) | Issue Agreed Order, BM/RM. All Commissioners Agree |
| CONTESTED (Public Water Supply Enforcement Agreed
Order) | Item 35.
| Docket No. 95-0908-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Houshang Solhjou in Harris County; PWS Nos. 1010524 and
1010826; for public water system violations pursuant to the Texas
Health and Safety Code, Chapter 341, Subchapter C and the rules
of the Texas Natural Resource Conservation Commission. (G.
Henry) | Issue Agreed Order, RM/BM. All Commissioners Agree | |
| CONTESTED (Industrial Hazardous Waste Enforcement
Agreed Order) | Item 36.
| Docket No. 96-0729-IHW-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of
Zamudio Y Asociados In Webb County; SWR No. 83986; for
industrial and hazardous waste violations pursuant to Chapters 5
and 26 of the Texas Water Code, the Solid Waste Disposal Act,
Chapter 361 of the Texas Health and Safety Code, and the rules of
the Texas Natural Resource Conservation Commission. (Vic
McWherter). | Issue Default Order, RM/BM. All Commissioners Agree |
| CONTESTED (Industrial Waste Discharge Enforcement
Agreed Order) | Item 37.
| Docket No. 96-1133-IWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Global Evangelism, Inc. in Bexar 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. (Raymond C. Winter). | Issue Agreed Order, RM/BM. All Commissioners Agree |
| CONTESTED (Water Well Drillers Enforcement Agreed
Order) | Item 38.
| Docket No. 96-0660-WWD-E. Consideration of an Agreed
Order assessing administrative penalties and requiring certain
actions of Paul Higgins in Hood County; License No. 2548-W; for
violations pursuant to Chapter 32 of the Texas Water Code and
the rules of the Texas Natural Resource Conservation
Commission. (Kathy Keils). | Issue Agreed Order, RM/JB. All Commissioners Agree |
| CONTESTED (Contract) | Item 39.
| Docket No. 96-1770-CON. Consideration of a Commission
Resolution authorizing the Executive Director to amend Contract
No. 5500900000, the site activities services at leaking petroleum
storage tank (LPST) site contract between the TNRCC and
Enprotec, Inc. The amendment will add $500,000 to the contract
to provide site activities which occur in response to situations
causing a threat to human health and safety. This amendment will
raise the total contract amount from $1,000,000.00 to
$1,500,000.00. (Marvin/Windbigler) | Amend Contract as Recommended, RM/JB. All Commissioners Agree |
| CONTESTED (Rules) | Item 40.
| Docket No. 96-0802-RUL. Consideration for adoption of the
repeal of 30 TAC Chapter 338, concerning well drillers and water
well pump installers, and a new 30 TAC Chapter 238, concerning
well drillers and water well pump installers. If approved these
rules would allow the use of new and proven technology for well
drilling, pump installation, and well plugging without requiring
owners/operators to obtain a variance from the current rule
requirements. The proposal was published in the July 5, 1996,
issue of the Texas Register (21 TexReg 6207). (Rule Log No.
95132-338-WT). (Beecher Cameron). | Adopt Repeal of 30 TAC 338, and new 30 TAC Chapter 238 as recommended
by Staff, RM/JB. All Commissioners Agree | Item 41.
| Docket No. 96-1336-RUL. Consideration for adoption of the
repeal of 30 TAC Chapter 101, Section 101.25, concerning Fees
for Registration of Non-Permitted Facilities. If adopted, this will
repeal the fees for a one-time statutory registration requirement
that no longer exists. The proposal was published in the
September 10, 1996, issue of the Texas Register (21 TexReg
8646). (Steve Ortiz). (Rule Log No. 96153-101-AI). | Approve Staff Recommendation, RM/JB. All Commissioners Agree | Item 42.
| Docket No. 96-1271-RUL. Consideration for adoption of the
repeal of 30 TAC Chapter 121, regarding Control of Air Pollution
from Municipal Solid Waste Facilities. If adopted, the repeal
would remove obsolete requirements. The proposal was
published in the September 3, 1996, issue of the Texas Register
(21 TexReg 8385). (Mike Magee) (Rule Log No. 96144-121-AI). | Approve Staff Recommendation, JB/RM. All Commissioners Agree | Item 43.
| Docket No. 96-1088-RUL. Consideration for adoption of a new
30 TAC Chapter 330, Subchapter R, Section 330.860, relating to
Management of Whole Used or Scrap Tires. If adopted, the new
section would authorize the executive director to create a Special
Authorization Priority Enforcement List for tires generated in
those areas of the state which are receiving inadequate collection
service, and would replace a similar emergency rule adopted on
June 26, 1996. The list would be used to implement clean up and
recycling efforts. The proposal was published in the September
24, 1996, issue of the Texas Register (21 TexReg 9135). (Mark
Vickery) (Rule Log No. 96146-330-WS). | Approve Staff Recommendation, RM/BM. All Commissioners Agree | Item 44.
| Docket No. 96-1279-RUL. Consideration for adoption of new 30
TAC Section 7.110, concerning a Memorandum of Understanding
(MOU) between the Texas Natural Resource Conservation
Commission (commission) and the Texas Department of Public
Safety (department). If adopted, the MOU would establish areas
of each agency's responsibility and a formal mechanism by which
the two agencies will share information and coordinate
Inspection/Maintenance (I/M) program planning implementation,
oversight, and evaluation. The proposal was published in the
September 3, 1996 issue of the Texas Register (21 TexReg 8382).
(Thomas Ortiz) (Rule Log No. 96125-007-AI). | Approve MOU, with changes as recommended, BM/JB. All Commissioners
Agree | Item 45.
| Docket No. 96-1697-RUL. Consideration for publication of, and
hearing upon, a new 30 TAC Chapter 101, Section 101.12,
concerning Temporary Exemption During Drought Conditions.
The proposed new section would provide a temporary exemption
during specific drought conditions from air quality requirements
to apply water to suppress emissions. (John Gillen), (Rule Log
No. 96155-101-AI). | Approve Staff Recommendation, JB/RM. All Commissioners Agree |
| EXECUTIVE SESSION | Item 46.
| Docket No. 96-1793-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 47.
| Docket No. 96-1794-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.)(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 MAKE.) |
| 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 48. | Docket No. 96-1636-RUL. Consideration for publication of and hearing on proposed amendments to 30 TAC §116.610, concerning Applicability; §116.611, concerning Registration Requirements; §116.615, concerning General Conditions; the repeal of existing §116.617, concerning Standard Permits List; proposed new §116.617, concerning Standard Permits for Pollution Control Projects; the repeal of 30 TAC §115.950, concerning Standard Construction Permit for Volatile Organic Compound Control Projects; the repeal of 30 TAC §117.550, concerning Standard Construction Permits for Nitrogen Oxides Reasonably Available Control Technology Projects; and revisions to the State Implementation Plan regarding these proposed amendments and repeals. The proposed rule changes would streamline requirements for standard air permits for pollution control projects and eliminate largely duplicative rules in multiple chapters. (Randy Hamilton) (Rule Log No. 96105-115-AI) |
Go forth with Publication and Hearing, RM/JB. All Commissioners Agree | |
Item 49. | Docket No. 96-0953-RUL. Consideration of the adoption of the repeal of 30 TAC Chapter 313 and the adoption of new Chapter 213, relating to the Edwards Aquifer. The new rules establish regulations for activities having the potential for causing pollution of the Edwards Aquifer; streamline and consolidate the predecessor Chapter 313, Edwards Aquifer, as part of the Commission's regulatory reform process; and respond to public comment received pursuant to Section 26.046 of the Texas Water Code. These rules set out the procedures and criteria to be used by the executive director in the review and approval of Edwards Aquifer protection plans. (Rule Log No. 96114-213-WT)(Mary Ambrose) |
Continued to November 25, Work Session |
Item 50. | Docket No. 96-1592-UIC. The Commission will consider the request by URI, Inc. to withdraw without prejudice several applications concerning injection wells for waste disposal. The request for withdrawal concerns two applications on permit No. WDW-250, an injection well at the Rosita Mining Project which is approximately 11 miles north west of San Diego in Duval County; one application would allow URI to accept waste for disposal from Rhone-Poulenc'e Freeport Rare Earth Facility; the other application concerns an amendment to authorize a change to the top of the permitted injection interval. The request for withdrawal also concerns applications for permit Nos. WDW-308, WDW-309, injection wells at the Vasquez Mining Project which is approximately four miles north of Hebronville near State Highway 16 in southern Duval County. (Sharon Smith/Alice Rogers) |
Approve Withdrawal of applications without prejudice, RM/JB. All Commissioners Agree | |
Item carried forward from Agenda of September 11, 1996.
Item 1.
Docket No. 95-1047-DIS. CONSIDERATION OF A
PROPOSED ORDER REGARDING AN APPLICATION BY
HICKORY CREEK WATER SUPPLY CORPORATION FOR
CONVERSION TO HICKORY CREEK SPECIAL UTILITY
DISTRICT OF COLLIN, FANNIN AND HUNT COUNTIES.
For Commission consideration. Applicant requests approval to
convert to a Special Utility District. (TNRCC Internal Control
No. 061695-D01; Robert Cummins) Issue Order as Recommended by Staff, JB/RM. All Commissioners Agree
Item carried forward from Agenda of November 6, 1996. Item 2.
Docket No. 96-1646-SPF. Consideration of an agreed
administrative order requiring performing respondents to
conduct remedial design/remedial action and post-closure
activities at the Niagara Chemical State Superfund Site in
Harlingen, Cameron County, Texas. Issue Agreed Administrative Order, RM/JB. All Commissioners Agree
Item carried forward from Agenda of November 6, 1996. Item 3.
Docket No. 96-1636-RUL. Consideration for publication of and
hearing on proposed amendments to 30 TAC Section 116.610,
concerning Applicability; Section 116.611, concerning
Registration Requirements; Section 116.615, concerning
General Conditions; the repeal of existing Section 116.617,
concerning Standard Permits List; proposed new Section
116.617, concerning Standard Permits for Pollution Control
Projects; the repeal of 30 TAC Section 115.950, concerning
Standard Construction Permit for Volatile Organic Compound
Control Projects; and the repeal of 30 TAC Section 117.550,
concerning Standard Construction Permits for Nitrogen Oxides
Reasonably Available Control Technology Projects. The
proposed rule changes would streamline requirements for
standard air permits for pollution control projects and eliminate
largely duplicative rules in multiple chapters. (Randy
Hamilton)(Rule Log No. 96105-115-AI). See Item #48.
Item carried forward from Agenda of November 6, 1996. Item 4.
Docket No. 96-1727-PC. Consideration of an Order approving
a "Forbearance Agreement" between the Executive Director of
the Commission and Baby Superstores, Inc. under which the
Commission agrees to forbear from taking enforcement action
against Baby Superstores from liability that might arise due to
contamination at a site owned by the City of Gainesville at 2300
Bonnavilla Dr., Gainesville, Cooke County, Texas, known as the
Gainesville Airport. (Bob Sweeney) Continued to December 4, 1996
Item carried forward from Agenda of November 6, 1996. Item 5.
TNRCC Docket No. 95-1699-MSW; SOAH Docket No.
582-96-0001. Consideration of Administrative Law Judge's
Proposal for Decision, and Permit concerning the application of
Browning-Ferris, Inc. for Permit No. 1410-B to authorize the
operation of Municipal Solid Waste Type I Site in Bexar
County, Texas. Recommendation: Issuance of permit. (ALJ):
Kerry Sullivan. Move to remand back to SOAH for a more complete record and move to
reconsider our previous motion, JB/RM. All Commissioners Agree
Item 6. | Docket 96-1665-EXE. Consideration of a legislative appropriation request to compensate Tejas Testing Technology One, L.C. and Tejas Testing Technology Two, L.C. in accordance with section 9.3 of the Contracts for the Motor Vehicle Inspection/Maintenance Program, State of Texas, Dallas/Fort Worth and Southeast Regions. |
Approve Staff Recommendation. BM/JB All Commissioners Agree | |
Item 1. | TNRCC Docket No. 95-1194-MSW-E; SOAH Docket No. 582-96-0559. Consideration of Administrative Law Judge's Proposal for Decision & Order concerning the Petition of the Executive Director of TNRCC for an order assessing penalties against Scrap Tire Recycling, Inc., and requiring certain actions in Harris County, Texas. Penality Requested: $29,940. Recommendation: Issuance of enforcement order. ALJ: Bill Ehret |
Adopt Administrative Law Judges Proposal for Decision and Issue Order, RM/BM. All Commissioners Agree | |
Item 2. | TNRCC Docket No. 95-1270-IHW-E; SOAH Docket No. 582-95-1654. Consideration of Administrative Law Judge's Proposal for Decision & Order concerning the motion in favor of the Executive Director of the Texas Natural Resource Conservation Commission for summary disposition and the petition of the Executive Director seeking revocation of Permits No. HW-50003, WDW-73 and WDW-138 issued to Malone Service Company, Galveston, County, Texas. Recommendation: Grant Summary disposition and revoke permits. ALJ: Carol Wood |
Continued to December 18, 1996 | |
Item 3. | TNRCC Docket No. 95-1341-AGR; SOAH Docket No. 582-96-1657. Consideration of Administrative Law Judge's Proposal for Decision & Order concerning the petition of the Executive Director and the petition of Lodia Hernandez, et al. for suspension and/or revocation of Permit No. 01926 issued to Craig B. Silverthorne dba Plainview Feedyard in Hale County, Texas. Recommendation: Revocation of permit. (ALJ): Elizabeth Todd |
Adopt Proposal for Decision, RB/RM. Friendly Motion to base our motion for ground of abandonment, BM/RM All Commissioners Agree | |
Item 4. | TNRCC Docket No. 96-0248-DIS; SOAH Docket No. 582-96-0687. The Commission will consider a motion for rehearing concerning the Commission's order on the application by Northwest Harris County Municipal Utility District No. 24 for renewal of standby fees. The Commission order, mailed on October 15, 1996, approved the district application. |
Deny Motion for Rehearing, BM/RM All Commissioners Agree |
Item 5. | Docket No. 96-1151-IWD. Consideration of a Motion for Rehearing filed by Diane Wilson and the Calhoun County Resource Watch. This motion for rehearing concerns the Commission's order issued on October 7, 1996 regarding the application of Union Carbide Company for an amendment to permit No. 00447 and the movants' hearing requests. The amendment establishes interim effluent limits for biochemical oxygen demand and total suspended solids and establishes final effluent limits to account for wet weather flow. The applicant operates a plant which manufactures organic chemicals, plastics, and industrial gases. The plant site is on the east side of State Highway 185 approximately 8,000 feet south of the intersection of State Highway 185 and State Highway 35 and approximately eight miles north of the City of Seadrift, Calhoun County, Texas. |
Deny Motion for Rehearing, RM/JB All Commissioners Agree | |
Item 6. | Docket No. 96-1662-SLG. Consideration of motions for reconsideration concerning the issuance by the executive director of registration No. 71739 to Cary Juby and F. Eugene Juby on September 17, 1996. This registration authorizes the land application of certain domestic wastewater treatment sludge, water treatment sludge and domestic septage products. This site is located on the northwest side of the intersection of State Highway 183 and County Road 210. This intersection is approximately 1500 feet south of Briggs in Burnet County, Texas. |
Remand to Alternative Dispute Resolution Office for four weeks to allow for facilitating and extend time for consideration of Motion for Reconsideration for 30 days, RM/BM All Commissioners Agree |