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 |
| (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 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 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 |
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 | |
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 | |
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. |
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 | |