| Item 1. | Docket No. 97-0454-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commissions Executive 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. |
| Item 1. | Docket No. 97-0400-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. (Anne Dobbs) |
| Item 2. | Docket No. 97-0436-RPT. Consideration of the Waste Tire Recycling Program Fiscal Year 1997 funding report and request to transfer funds in order to promote recycling and energy recovery in accordance with Texas Health and Safety Code, Section 361.4774(h). (MARK VICKERY) |
| Item 3. | Docket No. 97-0330-MWD. KENNETH R. DRUM for a permit (Proposed Permit No. 13852-01) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 25,000 gallons per day. The wastewater treatment facility will serve Park Mobile Home Center. The wastewater treatment facilities are approximately 0.5 mile west of Interstate Highway 45 and 1.5 miles along Interstate Highway 45 from its intersection with State Highway 21 in Madison County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Margaret Hoffman) |
| Item 4. | Docket No. 97-0351-MWD. LAGUNA MADRE WATER DISTRICT for renewal of Permit No. 10757-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 2,600,000 gallons per day. The wastewater treatment facilities are approximately 4,000 feet south of the east end of the Queen Isabella Causeway on the south end of Padre Island in Cameron County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. |
| Item 5. | Docket No. 97-0353-MWD. PINE TRAILS UTILITY CO., INC. for an amendment to Permit No. 11701-01 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 800,000 gallons per day to a volume not to exceed an average flow of 1,200,000 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 on Sulphur Gully, approximately one-half mile north of Wallisville Road and one mile east of C.E. King Parkway in Harris County, Texas. The Commission will consider the application and the concerns that have been filed on the application. |
| Item 6. | Docket No. 97-0348-MWD. SCOTT HALBERT AND WILLIAM HARGIS for a permit (Proposed Permit No. 13843-01) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 10,000 gallons per day. The wastewater treatment facility will serve the Oaks Apartment Complex, Bastrop, Texas. The wastewater treatment plant is approximately 400 feet north of State Route 71, and approximately 4000 feet west of the intersection of State Route 71 and State Route 21 in Bastrop County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. |
| Item 7. | Docket No. 96-0859-LII-E. Consideration of an Agreed Order assessing administrative penalties to Rick Brinkman of Bexar County; Landscape Irrigator License No. 3178; for Landscape Irrigator violations pursuant to the Texas Water Code Chapter 34 and the rules of the Texas Natural Resource Conservation Commission. (30 TAC Chapter 344) (Lee Parham) |
| Item 8. | Docket No. 96-0701-LII-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of James Enis of Tarrant County; Landscape Irrigator License No. 4977; for Landscape Irrigator violations pursuant to the Texas Water Code Chapter 34 and the rules of the Texas Natural Resource Conservation Commission 30 TAC Chapter 344. (Lee Parham) |
| Item 9. | Docket No. 96-0699-LII-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Levoy Wheeler of Fort Bend County; Landscape Irrigator License No. 1024; for Landscape Irrigator violations pursuant to the rules of the Texas Natural Resource Conservation Commission 30 TAC Chapter 344. (Lee Parham) |
| Item 10. | Docket No. 96-1861-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of A Auto Paint and Body in Dallas County; Account No. DB-4288-P; 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. (Kevin Cauble) |
| Item 11. | Docket No. 96-1568-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Big Tex's Auto Mart in Dallas County; Account No. DB-3958-T; 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. (Kevin Cauble) |
| Item 12. | Docket No. 96-1644-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chico's Body Shop in Galveston County; Account No. GB-0493-M; 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. (Tel Croston) |
| Item 13. | Docket No. 96-1889-AIR-E. Consideration of an Agreed Order requiring certain actions of Cobalt Manufacturing, Incorporated in Denton County; Account No. DF-0427-J; 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. (David Edge) |
| Item 14. | Docket No. 96-1600-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Associated Fiberglass Engineers in Tarrant County; Account No. TA-0038-R; 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. (David Edge) |
| Item 15. | Docket No. 97-0117-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of A-Auto Buyers in Tarrant County; Account No. TA-2279-C; 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. (David Edge) |
| Item 16. | Docket No. 96-1812-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of NCI Building Systems, L.P., DBA Mid-West Metallic Building Company in Harris County; Account No. HG-1413-D; 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. (Sheila Smith) |
| Item 17. | Docket No. 96-1607-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Drisdell's Paint and Body in Galveston County; Account No. GB-0602-I; 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. (Sheila Smith) |
| Item 18. | Docket No. 96-1125-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Department of Criminal Justice in Brazoria County; Account No. BL-0615-C; 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. (Sheila Smith) |
| Item 19. | Docket No. 97-0086-AIR-E. Consideration of an Agreed Order requiring certain actions of Forrest Services, Incorporated in Harris County; Account No. HG-1294-K; 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. (Sheila Smith) |
| Item 20. | Docket No. 96-1885-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Denver American Petroleum, LLC in Wilson County; Account No. WL-0059-D; 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. (Carl Schnitz) |
| Item 21. | Docket No. 96-1643-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Arrowhead Mobile Services, Incorporated in Ector County; Account No. EB-0783-L; 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. (Gloria Stanford) |
| Item 22. | Docket No. 96-1810-AIR-E. Consideration of an Agreed Order requiring certain actions of Electro Plating of El Paso in El Paso County; Account No. EE-1910-L; 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. (Suzanne Walrath) |
| Item 23. | Docket No. 96-1932-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mrs. Melba Green in Johnson County, Permit No. 13376-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Smith) |
| Item 24. | Docket No. 96-1754-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Jefferson in Marion County, Permit No. 10801-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Bill Main) |
| Item 25. | Docket No. 96-1542-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bell County Water Control and Improvement District No. 3 in Bell County, Permit No. 10797-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer\Bill Main) |
| Item 26. | Docket No. 97-0393-MWD. Consideration of City of Raymondville's request for an Order authorizing commencement of construction of a wastewater treatment 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. (Steve Shepherd/Firoj Vahora) |
| Item 27. | Docket No. 96-1725-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Midway in Madison County; PWS No. 1570003; CCN No. 12071; for public water system violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Dorothy Young) |
| Item 28. | Docket No. 96-1494-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Johnny Bradshaw dba Ridge Rock Grocery & Coach's BBQ in Concho County, PWS ID#0480018; for violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Claudia Chaffin) |
| Item 29. | Docket No. 96-1647-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Nome in Jefferson County; PWS No. 1230039; 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\Bill Main) |
| Item 30. | Docket No. 96-1299-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Ranger in Eastland County; PWS No. 0670004; 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\Bill Main) |
| Item 31. | Docket No. 96-1448-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Roma in Starr County; PWS No. 2140007; for public water system violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Terry Thompson\Bill Main) |
| Item 32. | Docket No. 96-1609-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lester Bowles dba Willow Wedge Mobile Home Park in Brazoria County; PWS No. 0200307; for drinking water quality violations pursuant to Chapter 341 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Risner) |
| Item 33. | Docket No. 96-1685-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rip Griffin Oil Company in Lubbock County; PST Enforcement Identification No. E11680; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Connie Wong) |
| Item 34. | Docket No. 96-0895-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Jack M. Hurt in Travis County; PST Enforcement Identification No. E11550; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak) |
| Item 35. | Docket No. 96-1842-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Weslaco Aviation, Inc. in Hidalgo County; TNRCC Facility ID No. 23527, Enforcement ID No. E10835 for petroleum storage tank violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe) |
| Item 36. | Docket No. 97-0443-IWD. Consideration of IBP, Inc.'s request for an Order authorizing commencement of construction of a wastewater treatment and disposal facility in Potter County, prior to Commission consideration of its application for an amended wastewater discharge permit. The proposed authorization to construct would not permit the discharge of any wastewater. (Leslie Brown/Chris Linendoll) |
| Item 37. | Docket No. 96-1273-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Imperial Holly Corporation; Fort Bend County; for violations pursuant to the Texas Water Code and TNRCC Permit No. 00442. (Roxanne Cook\Bill Main) |
| Item 38. | Docket No. 96-1330-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Taiwan Shrimp Village Association, Inc. and Arroyo Aquaculture Association, Inc. in Cameron County; Permit No. 03596; for water quality violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Guy Henry/Michael Meyer) |
| Item 39. | Docket No. 97-0408-SPF. Consideration of an Administrative Order (AO) to conduct Remedial Design and Remedial Action Activities at the Precision Machine & Supply State Superfund site, Odessa, Ector County, Texas. (Caroline Sweeney) |
| Item 40. | Docket No. 97-0404-IHW-E. Consideration of an Agreed Order requiring certain corrective actions of Clark Refining & Marketing, Inc. and Chevron U.S.A. Inc. in Jefferson County; TNRCC SWR No. 30004; under the corrective action authority in Chapter 361 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Glenn Hall) |
| Item 41. | Docket No. 97-0395-MLM. Consideration of the TNRCC Final Penalty Policy, incorporating penalty determinations for enforcement actions related to radioactive substances, modifying the penalty events section and other minor changes and consideration of issues related to the No-Penalty Policy for Small Entities and Minor Sources. (Ann McGinley) |
| Item 42. | Docket No. 97-0439-CON. Consideration of authorizing the Executive Director to amend contract no. 550020000 with Terranext, Inc.,, for emergency response and supplemental site activities at leaking petroleum storage tank (LPST) site. (Katharine Marvin/Grace Windbigler) |
| Item 43. | Docket No. 97-0203-RUL. Consideration for adoption of the repeal of 30 TAC Section 116.213, concerning Registration of Emissions and adoption of a new Section 106.183, concerning Boilers, Heaters, and Other Combustion Devices. The repeal of Section 116.213 eliminates a duplication of requirements in 30 TAC Chapter 106. The new Section 106.183 establishes 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. The proposal was published in the April 1, 1997, issue of the Texas Register (22 TexReg 3205). (Beecher Cameron)(Rule Log No. 97122-106-AI). |
| Item 45. | Docket No. 97-0390-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 335, Subchapter A, Sections 335.1 and 335.2, concerning Industrial Solid Waste and Municipal Hazardous Waste in General; and for submission to the Coastal Coordination Council of a copy of the proposal for consistency review. The proposed amendments would clarify the commission's regulations regarding permitting requirements for certain nonhazardous industrial solid waste management activities and would establish permit exemptions from certain requirements for nonhazardous industrial solid waste management activities that are inappropriately more stringent than the requirements for similar hazardous waste management activities. (Wayne Harry) (Rule Log No. 96143-335-WS). |
| Item 46. | Docket No. 96-1867-RUL. Consideration for adoption of new 30 TAC Chapter 321, Sections 321.271-321.279, Subchapter O, concerning Discharges from Aquaculture Production Facilities. If approved, the new subchapter would streamline the current permitting process by controlling certain activities by rule, thereby reducing the need for a commission permit for specific wastewater discharge and waste handling facilities. The proposal was published in the January 21, 1997, issue of the Texas Register (22 TexReg 885). (Tom Weber) (Rule Log No. 96171-321-WT). |
| Item 47. | Docket No. 97-0369-RUL. Consideration for adoption of a new 30 TAC Chapter 7, Section 7.103, concerning a Memorandum of Understanding between the Texas Parks and Wildlife Department and the Texas Natural Resource Conservation Commission. If approved, the Memorandum of Understanding would establish a formal mechanism for the two agencies to improve coordination and collaboration regarding the regulation of aquaculture facilities. The proposal was published in the January 3, 1997 issue of the Texas Register (22 TexReg 24). (Nina Fantl) (Rule Log No. 96172-007-WT). |
| Item 48. | Docket No. 97-0388-RUL. Consideration for publication of and hearing on the proposed repeal of existing 30 TAC Chapter 101, Section 101.29, concerning Emissions Banking; a proposed new 30 TAC Chapter 101, Section 101.29, concerning Emissions Banking and Trading; a proposed new 30 TAC Chapter 115, Section 115.950, concerning Emissions Trading; proposed amendments to 30 TAC Chapter 117, Sections 117.540 and 117.570, concerning Phased Reasonably Available Control Technology, and concerning Trading; proposed revisions to the State Implementation Plan concerning the proposed repeal, new sections, and amendments; and for submission to the Coastal Coordination Council of a copy of the proposal for consistency review. The proposed changes will expand emissions banking and trading opportunities as an alternative, cost-effective method of meeting nonattainment new source review offset requirements and emission control requirements of Chapters 115 and 117. (Susan Blevins, Mike Magee) (Rule Log No. 96158-101-AI). |
| Item 49. | Docket No. 97-0445-SIP. Consideration of an Agreed Order requiring certain actions of Norit Americas, Inc., Account No. HH-0019-H, in order to make certain voluntary emission reductions enforceable pursuant to the Northeast Teas Flexible Attainment Region Memorandum of Agreement dated September 16, 1996 between the Commission, U.S. Environmental Protection Agency, and others. (Janis Hudson, Brian Foster) (Rule Log no. 96175-SIP-AI) |
| Item 50. | Docket No. 97-0446-SIP. Consideration of an Agreed Order requiring certain actions of La Gloria Oil and Gas Company, Account No. SK-0022-A, in order to make certain voluntary emission reductions enforceable pursuant to the Northeast Texas Flexible Attainment Region Memorandum of Agreement dated September 16, 1996 between the Commission, U.S. Environmental Protection Agency, and others. (Janis Hudson, Brian Foster) (Rule Log No. 96175-SIP-AI) |
| Item 51. | Docket No. 97-0447-SIP. Consideration of an Agreed Order requiring certain actions of Eastman Chemical Company, Texas Eastman Division, Account No. HH-0042-M, in order to make certain voluntary emission reductions enforceable pursuant to the Northeast Texas Flexible Attainment Region Memorandum of Agreement dated September 16, 1996 between the Commission, U.S. Environmental Protection Agency, and others. (Janis Hudson, Brian Foster)(Rule Log No. 96175-SIP-AI) |
| Item 52. | Docket No. 97-0448-SIP. Consideration of an Agreed Order requiring certain action of ARCO Permian, a unit of Atlantic Richfield Company, Account No. CJ-0003-W, in order to make certain voluntary emission reductions enforceable pursuant to the Northeast Texas Flexible Attainment Region Memorandum of Agreement dated September 16, 1996 between the Commission, U.S. Environmental Protection Agency, and others. (Janis Hudson, Brian Foster) (Rule Log No. 96175-SIP-AI) |
| Item 53. | Docket No. 97-0449-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. |
| Item 54. | Docket No. 97-0450-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. |
| Item 55. | Docket No. 97-0451-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. |
| Item 56. | Docket No. 97-0373-IWD. Request by SOUTHWESTERN ELECTRIC POWER COMPANY for a site specific temporary variance to the existing surface water quality standards for aluminum in Welsh Reservoir and Swauano Creek in Segment No. 0404 of the Cypress Creek Basin. Southwestern Electric Power Company will conduct the study to show whether a site specific amendment to the water quality standards is justified. |
| Item 57. | Docket No. 97-0373-IWD. SOUTHWESTERN ELECTRIC POWER COMPANY for an amendment to Permit No. 01811 to change the effluent limitations for total aluminum from a daily average of 0.70 mg/l to a daily average of 1.50 mg/l beginning July 5, 1997. The permit authorizes an intermittent, flow variable discharge of once-through cooling water, low volume wastewaters, stormwater runoff and domestic wastewater, which will remain the same. The permittee operates the Welsh Steam Electric Station. The plant site is approximately two miles northwest of the Town of Cason, Texas and approximately one and one-half miles north of State Highway 11, Titus County, Texas. |
| Item 1. | Docket No. 97-0373-IWD. Request by SOUTHWESTERN ELECTRIC POWER COMPANY for a site specific temporary variance to the existing surface water quality standards for aluminum in Welsh Reservoir and Swauano Creek in Segment No. 0404 of the Cypress Creek Basin. Southwestern Electric Power Company will conduct the study to show whether a site specific amendment to the water quality standards is justified. |
| Item 2. | Docket No. 97-0373-IWD. SOUTHWESTERN ELECTRIC POWER COMPANY for an amendment to Permit No. 01811 to change the effluent limitations for total aluminum from a daily average of 0.70 mg/l to a daily average of 1.43 mg/l beginning July 5, 1996. The permit authorizes an intermittent, flow variable discharge of once-through cooling water, low volume wastewaters, stormwater runoff and domestic wastewater, which will remain the same. The permittee operates the Welsh Steam Electric Station. The plant site is approximately two miles northwest of the Town of Cason, Texas and approximately one and one-half miles north of State Highway 11, Titus County, Texas. |
| Item 1. | TNRCC Docket No. 96-1468-UCR; SOAH Docket No. 582-96-1690. Application by Yancey Water Supply Corporation for an amendment to certificate of convenience and necessity No. 11463. The Commission will consider a motion for reconsideration concerning the Executive Director’s issuance of final approval of the application. Earlier, the State Office of Administrative Hearings denied several requests for party status and remanded the case to the Executive Director as an uncontested application. Yancey WSC is located in Bandera County. |
| Item 1. | TNRCC Docket No. 96-0733-UCR; SOAH Docket No. 582-96-0913. Consideration of Administrative Law Judge's Proposal for Decision & Order concerning the Application of the Village of Bee Cave for a certificate of Convenience and Necessity to provide water service in Travis County, Texas and also, the application of Travis County Water Control and Improvement District No. 14 for an amendment to its certificate of Convenience No. 11322 to provide water service in Travis County, Texas. Recommendation: Approval of Village of Bee Cave's CCN application and partial approval of District No. 14's CCN amendment application. (ALJ: Syliva McClellan) |
| Item 2. | SOAH Docket No. 582-95-1618; TNRCC Docket No. 95-1532-MLM. Consideration of ALJ's case status report and recommendation concerning American Ecology Environmental Services Corporation's Amended Motion to Withdraw Certain Applications related to the operation of a hazardous waste management facility located in Smith County, Texas in the drainage area of Segment No. 506 of the Sabine River Basin. Recommendation: Retain jurisdiction in SOAH proceeding, continue stay of all contested case activities, and take no action on withdrawal of applications related to Permit Nos. WDW-186, WDW-229, and CP-50368 until the question of their continued usefulness for closure activities is determined. (Leslie Craven) |
| Item 3. | Docket No. 97-0416-MLM. Consideration of a Motion by the Executive Director to Vacate Commission Order No. 94-28 and Issue a New Order. Commission Order No. 94-28 was issued against GIBRALTAR CHEMICAL RESOURCES, INC., now AMERICAN ECOLOGY ENVIRONMENTAL SERVICES CORPORATION, in 1994 to consolidate proceedings involving the company’s applications for renewal of its three permits, AQ-9429, WDW-229, and WDW-186, which authorize the operation of a hazardous waste storage and recycling facility in Winona, Smith County Texas. The company also has an application pending for a separate surface facility permit, HW-50368, and a compliance plan, CP-50368. The company has decided to cease operations at this facility and no longer intends to operate this hazardous waste storage and recycling facility. This motion requests that Commission Order No. 94-28 be vacated and a new order issued to reflect these changed circumstances. (Robin Smith/Janis Hudson) |
| Item 4. | Docket No. 95-0085-WR. Application by Bexar-Medina-Atascosa Counties WCID No. 1 to amend water rights certificate of adjudication No. 19-2130. The Commission will consider a motion for rehearing concerning the Commission’s order mailed on April 15, 1997. The district is located in Bexar, Medina, and Atascosa Counties. |
| Item 1. | Docket No. 97-0282-WEA. Application No. E630030B; POWELL PLANT FARMS, INC. seeks to obtain a Texas weather modification license for Fiscal Year 1997, under Texas Water Code Chapter 18, Rules of the Texas Natural Resource Conservation Commission 30 TAC Chapter 289, and the Texas Weather Modification Act of 1967. Issuance of a license, or renewal of an existing license, merely certifies that the person(s) or organization holding the license is (are) competent to conduct weather modification activities. A permit is required before the licensee can actually begin conducting weather modification/control activities. Issuance of a license, or renewal of an existing license, is contingent upon the applicant (1) paying the license fee, and (2) demonstrating competence in the field of meteorology which is reasonably necessary to engage in weather modification and control operations. Applicant has not previously held a Texas weather-modification license. This application is for authorization to operate a hail suppression device, during any time of the year, during the years 1996 - 1999 within a portion of Jeff Davis County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Chris Kadas/George Bomar) |
| Item 2. | Docket No. 97-0300-WEA. Application No. E630030A; POWELL PLANT FARMS, INC. seeks to obtain a Texas weather modification license for Fiscal Year 1997, under Texas Water Code Chapter 18, Rules of the Texas Natural Resource Conservation Commission 30 TAC Chapter 289, and the Texas Weather Modification Act of 1967. Issuance of a license, or renewal of an existing license, merely certifies that the person(s) or organization holding the license is (are) competent to conduct weather modification activities. A permit is required before the licensee can actually begin conducting weather modification/control activities. Issuance of a license, or renewal of an existing license, is contingent upon the applicant (1) paying the license fee, and (2) demonstrating competence in the field of meteorology which is reasonably necessary to engage in weather modification and control operations. Applicant has not previously held a Texas weather-modification license. This application is for authorization to operate a hail suppression device, during any time of the year, during the years 1996-1999 within a portion of Cheorkee County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Chris Kadas/George Bomar) |