MCBEE
MARQUEZ
BAKER

CONTESTED AGENDA

Wednesday, March 19, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 A.M.
Bldg E. Room 201S
12100 Park 35 Circle


UNCONTESTED (Agency Enforcement Report)
Item 1. Docket No. 97-0176-RPT-E. 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
CONTESTED (Industrial Hazardous Waste Enforcement)
Item 2. Docket No. 96-1802-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Destara Chemical, Inc. in Waller County; SWR No. 38906; for industrial & hazardous waste violations pursuant to the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Anne Rhyne)
Issue Agreed Order, JB/BM. All Commissioners Agree
CONTESTED (Muncipal Waste Discharge Enforcements)
Item 3. Docket No. 96-1625-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of CMH Parks in Brazoria County, Permit No. 12849-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Roxanne Cook)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 4. Docket No. 96-1910-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Ennis in Ellis County, Permit No. 10443-002; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle\G. Henry)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 5. Docket No. 96-1884-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Chico in Wise County, Permit No. 10023-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lin Zhang\G. Henry)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 6. Docket No. 96-1410-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Big Lake in Reagan County, Permit No. 10038-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Mears)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 7. Docket No. 96-1759-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Caddo Mills in Hunt County, Permit No. 10425-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Pam Campbell)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 8. Docket No. 96-1749-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Poteet in Atascosa County, Permit No. 13630-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves)
Issue Agreed Order, RM/BM. All Commissioners Agree
CONTESTED (Petroleum Storage Tank Enforcement Order)
Item 9. Docket No. 96-0898-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Ms. Gladys Volotko in Harris County; TNRCC Facility ID No. 65693; for an underground storage tank violation pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Conservation Commission. (Patricia Capps Welton).
Issue Default Order, JB/BM. All Commissioners Agree
Item 10. Docket No. 96-1164-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sul Ross State University in Brewster County; Facility ID No. 62208; Enforcement ID No. E11607, for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Ray Winter).
Issue Agreed Order, JB/BM. All Commissioners Agree
CONTESTED (Public Water Supply Enforcements)
Item 11. Docket No. 95-1005-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The City of Alvord in Wise County; PWS No. 2490001, CCN No. P0535; for public water system violations pursuant to Chapter 341 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Patti Hershey).
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 12. Docket No. 96-1246-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Donna in Hidalgo County; PWS No. 1080002; for public water system violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 13. Docket No. 96-1705-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of San Juan in Hidalgo County; PWS No. 1080010; for public water system violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 14. Docket No. 96-1707-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Lefors for public drinking water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Katharine Wheatley\S. Pussman)
Issue Agreed Order, RM/JB. All Commissioners Agree
CONTESTED (Air Enforcement)
Item 15. Docket No. 97-0160-AIR. Consideration of an Agreed Order making the emission reductions of nitrogen oxides at the Houston Lighting and Power Company's Deepwater Station in Harris County federally enforceable for the purpose of certifying the emission reductions. (Susan Blevins)
Issue Agreed Order, RM/JB. All Commissioners Agree
CONTESTED (Edwards Aquifer Enforcement)
Item 16. Docket No. 96-1495-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gina Stewart and Nolan Bird in Williamson County; for violations of Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Ray Winter).
Issue Agreed Order, RM/BM. All Commissioners Agree
CONTESTED (Contract)
Item 17. Docket No. 97-0166-CON. Consideration of authorizing the Executive Director to amend Contract No. 6500000033, with AES-Regulatory Services, Inc. for regulatory oversight of Leaking Petroleum Storage Tank cases for the Responsible Party Remediation Section of the PST Division and authorizing the contract expenditure of an additional $1,075,000.00 which would raise the total contract amount to $3,000,000.00. The amendment would change the renewal schedule to coincide with the fiscal year and extend the term of the contract to August 31, 1997. (Greg Pfeifer)
Approve Staff Recommendation, RM/BM. All Commissioners Agree
CONTESTED (Rules)
Item 18. Docket No. 97-0129-RUL. Consideration for publication of, and hearing upon, a proposed amendment to 30 TAC Chapter 112, Section 112.8, concerning Allowable Emission Rates From Solid Fossil Fuel-Fired Steam Generators. The specific purpose of this rulemaking is to delete subsection (c) which is no longer required, and to comply with a commission directive. (Alan J. Henderson/Doyle Pendleton) (Rule Log No. 96179-112-AI).
Approve Publication and Hearing, RM/BM. All Commissioners Agree
Item 19. Docket No. 97-0143-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 3, Section 3.2, concerning Definitions; 30 TAC Chapter 101, Section 101.1, concerning Definitions, and Section 101.30, concerning Conformity of General Federal and State Actions to State Implementation Plans (SIP); and revisions to the SIP. The amendments would add definitions and make the state general conformity rules consistent with federal general conformity rules, and thereby ensure U.S. Environmental Protection Agency (EPA) approval of the state general conformity SIP. (Alan J. Henderson, P.E.) (Rule Log No. 96167-101-AI).
Approve Publication and Hearing, RM/JB. All Commissioners Agree
Item 20. Docket No. 97-0156-RUL. Consideration for publication of and hearing on proposed new 30 TAC Chapter 122, Section 122.340, concerning Notice and Comment Hearing, new Section 122.345, concerning Notice of Proposed Final Action, and the repeal of Section 122.316, concerning Hearing and Comment Procedures. The proposed changes will restate the notice and hearing requirements under the federal operating permits program and will allow newspaper notice of hearings in lieu of Texas Register notice. (Jim Dodds) (Rule Log No. 97120-122-AI).
Approve Publication and Hearing, RM/BM. All Commissioners Agree
Item 21. Docket No. 96-0997-RUL. Consideration for adoption of amendments to 30 TAC Chapter 307, Sections 307.4 and 307.10, concerning the Texas Surface Water Quality Standards. If adopted the revisions would change the presumed standard for unclassified perennial streams in East Texas from intermediate aquatic-life use to high aquatic-life use; and classify additional waterbodies with site-specific standards in Appendix D, as determined by recent studies of individual streams in Texas. The proposal was published in the October 11, 1996 issue of the Texas Register (21 TexReg 9765). (Jim Davenport) (Rule Log No. 96138-307-WT).
Approve Adoption of Amendments, RM/JB. All Commissioners Agree
Item 22. Docket No. 96-1719-RUL. Consideration for adoption of amendments to 30 TAC Chapter 335, Subchapter K, Section 335.344, concerning Hazardous Substance Facilities Assessment and Remediation. If approved, the amendments would streamline the procedures for delisting and modification of sites on the state superfund registry. The proposal was published in the December 6, 1996, issue of the Texas Register (21 TexReg 11749). (Jim Feeley) (Rule Log No. 96176-335-WS).
Approve Adoption of Amendments, JB/RM. All Commissioners Agree
EXECUTIVE SESSION
Item 23. Docket No. 97-0188-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 24. Docket No. 97-0189-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. The Commission will consider in open meeting legislative matters related to its jurisdiction, including proposed legislation and related position papers, briefing materials, and status reports. The Commission may also meet in closed meeting to receive legal advice regarding these matters as authorized by Section 551.071 of the Open Meetings Act, Chapter 551 of the Government Code. Any Commission action, decision or vote on these matters will be made in open meeting in accordance with Section 551.102 of the Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 25. Docket No. 97-0190-EXE. The Commission will consider in open meeting legislative matters related to its jurisdiction, including proposed legislation and related position papers, briefing materials, and status reports. The Commission may also meet in closed meeting to receive legal advice regarding these matters as authorized by Section 551.071 of the Open Meetings Act, Chapter 551 of the Government Code. Any Commission action, decision or vote on these matters will be made in open meeting in accordance with Section 551.102 of the Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
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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.


ADDENDUM TO AGENDA

Wednesday, March 19, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 26. Docket No. 97-0192-EXE. The Commission will meet in closed session to receive legal advice on options relating to the adoption by the Environmental Protection Agency of amendments to 40 C.F.R. pts. 51, 52, 60 and 61, relating to evidence to be used in the determination of compliance with emission limits and standards, 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.
No Action Taken
Item 27. Docket No. 95-0424-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Herman Gibbons in Dallas County; unauthorized MSW Site No. 34259; for Municipal Solid Waste violations pursuant to the Solid Waste Disposal Act, Chapter 361 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Steven Shepherd).
Issue Default Order, RM/BM. All Commissioners Agree
Item 28. Docket No. 97-0203-RUL. Consideration for publication of, and hearing on, the proposed repeal of 30 TAC Section 116.213, concerning Registration of Emissions and a proposed new 30 TAC Section 106.183, concerning Boilers, Heaters, and Other Combustion Devices. The repeal of Section 116.213 would eliminate a duplication of requirements in 30 TAC Chapter 106. The new Section 106.183 would establish conditions under which boilers, heaters, drying or curing ovens, and other combustion devices may be exempted from air permitting requirements. It would incorporate, without substantial changes, the requirements of Standard Exemption 7, concerning boilers, heaters, and other combustion devices that previously existed in 30 TAC Section 116.211, concerning Standard Exemptions. (Beecher Cameron) (Rule Log No. 97122-106-AI)
Approved for Publication and Hearing, RM/JB
Item 29. Docket No. 97-0210-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of the Commission's General 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.
No Action Taken


OLD BUSINESS AGENDA

Wednesday, March 19, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from agenda of February 5, and March 5, 1997.
Item 1. Docket No. 95-0085-WR. Application by Bexar-Medina-Atascosa Counties WCID No. 1 for an amendment to water rights certificate of adjudication No 19-2130. The applicant seeks a change in the authorized purposes of use of water. Under the certificate the applicant diverts water from Diversion and Medina Lakes in Bandera and Medina Counties. On February 22, 1995, the Commission issued its order in this case. The Commission will consider the remand by the 201st District Court of Travis County in cause No. 95-06230.
Continued to April 2, 1997, RM/BM. All Commissioners Agree


AGENDA

Wednesday, March 19, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No 96-1182-UCR and SOAH Docket No. 582-96-1296. Consideration of Administrative Law Judge's Proposal for Decision concerning the application of Glenn H. Kothmann dba Valley View Water Company and East Medina Special Utility District for a Certificate of Convenience and Necessity to provide water service in Medina County, Texas. Recommendation: Issuance of Kothmann of contested area. issuance to East Medina of its uncontested CCN request. (Bill Zukauckas)
Remand to State Office Administrative Hearings and parties are to take arguements before the Judge, and Judge will make determination whether to reopen the record, BM/RM. Amend my motion to grant the CCN on the Uncontested area and remand is only limited to the area that is contested, BM/RM. All Commissioners Agree


ADDENDUM TO AGENDA

Wednesday, March 19, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 2. TNRCC Docket No. 97-0161-MWD. Consideration of a motion for reconsideration filed by Ellinger Sewer and Water Supply Corporation concerning the issuance by the Executive Director of the renewal of Permit No. 10945-001 to Ellinger Sewer and Water Supply Corporation on January 31, 1997. The permit authorizes a discharge of treated domestic wastewater effluent at an average flow of .046 million gallons per day. The plant site is located approximately 1400 feet northeast of State Highway 71 and 1900 feet of northwest of Farm-to-Market Road 2503 in Fayette County, Texas.
Grant the Motion for Reconsideration regarding Monitoring Requirements, but deny motion for Permit Terms, BM/RM. All Commissioners Agree.


OLD BUSINESS AGENDA

Wednesday, March 19, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of February 19, 1997
Item 1. Docket No. 97-0010-MWD. JAMES E. LAUBACH for an amendment to Permit No. 12478-01 to authorize an increase in the discharge volume. The proposed amendment would increase the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 48,000 gallons per day to a volume not to exceed an average flow of 250,000 gallons per day. The applicant is requesting a variance to the buffer zone requirements in accordance with 30 TAC Section 309.13(e)(1)(B). The wastewater treatment facilities are 100 feet south of State Highway 565 and two miles east of the intersection of State Highway 565 and Farm-to-Market Road 1405 in Chambers County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Margaret Hoffman/Tom Weber)
Issue Amendment to Permit, JB/RM. All Commissioners Agree.
Item carried forward from Agenda of February 19, 1997
Item 2. Docket No. 97-0121-MWD. The Commission will consider the issuance on January 3, 1997 by the Executive Director of amended wastewater discharge Permit No. 12189-001 to Tex-Sun Parks, L.C. The permit authorizes the treatment and disposal of wastes from the Western Pines Mobile Home Community Wastewater Treatment facilities. The facilities are located approximately 2,000 feet west of Fry Road and 1,000 feet north of Morton Road in Harris County, Texas. The Commission received a timely hearing request on the application for amended Permit No. 12189-001 during the period for submitting such a request.
Deny Motion for Reconsideration and Confirm Executive Director's Decision, RM/BM. All Commissioners Agree
Item carried forward from Agenda of February 19, 1997.
Item 3. Docket No. 96-1757-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Mount Calm in Hill County, Permit No. 11464-001 for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Pam Campbell)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item carried forward from Agenda of March 5, 1997.
Item 4. Docket No. 96-1352-PST-E. Consideration of an Agreed Order requiring certain actions of Southwest Independent School District in Bexar County; PST Enforcement Identification No. E11571; for petroleum storage tank violations 1pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mick Wilson)
Remand to Executive Director