| Item 1. | Docket No. 97-0492-AIR. HOUSTON LIGHTING & POWER COMPANY has applied for renewal of Air Quality Permit No. 5455 to continue the operation of wastewater injection into Steam Generating Units 3 & 4 at the S.R. Berton Electric Generating Station. The existing facility is located at 2012 Miller Cutoff Road in La Porte, Harris County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Kerri Rowland/Fred Wilson) |
| Item 2. | Docket No. 97-0477-MWD. CITY OF NEDERLAND for an amendment to Permit No. 10483-02 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 3,800,000 gallons per day to a volume not to exceed an average flow of 5,220,000 gallons per day. The applicant is requesting a variance to the buffer zone requirements in accordance with 30 TAC Section 309.13(e)(1)(A) and (B). The applicant is also requesting an extension of the temporary variance in accordance with 30 TAC Section 307.2(d)(4). The wastewater treatment facilities are immediately east of the intersection of Hardy Avenue and Avenue D, east of the main drainage canal in the City of Nederland in Jefferson County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. |
| Item 3. | Docket No. 97-0505-MWD. CAPITOL VIEW JOINT VENTURE for renewal of Permit No. 12972-01 which authorizes a discharge of treated domestic wastewater effluent at volume not to exceed an average flow of 850,000 gallons per day. The wastewater treatment facilities are off of Thornberry Road approximately 3300 feet southeast of Dalton Road and 4200 feet northeast of State Highway 71 in Travis County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. |
| Item 4. | Docket No. 97-0472-MWD. KENNETH D. REYNOLDS for an amendment to Permit No. 11737-01 to authorize an increase in the discharge volume and to convert from a discharge permit to a no-discharge permit with disposal via irrigation of 7.5 acres of pasture land. The proposed amendment would increase the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 10,000 gallons per day to a volume not to exceed an average of 12,000 gallons per day. Application rates shall not exceed 1.8 acre-feet/year/acre irrigated. No discharge of pollutants into the waters of the State is authorized in the final phase by this permit. The wastewater treatment facilities are on State Highway 64, approximately 2.5 miles east of the intersection of Loop 323 and State Highway 64 in Smith County, Texas. The Commission will consider the application and the hearing requests filed on the application. |
| Item 5. | Docket No. 97-0344-MWD. CITY OF GEORGETOWN for renewal of Permit No. 10489-03 which authorizes a discharge of treated domestic wastewater effluent at an interim volume not to exceed an average flow of 1,240,000 gallons per day and a final volume not to exceed an average flow of 2,500,000 gallons per day. The permittee is currently operating in the interim phase. The Dove Springs Wastewater Treatment Plant is located at 400 Rock Dove Lane, approximately 1000 feet west of County Road 102, approximately 4000 feet south of the intersection of State Highway 29 and County Road 102, and approximately 2.75 miles east of the intersection of State Highway 29 and State Highway Spur 418 in the City of Georgetown in Williamson County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. |
| Item 6. | Docket No. 97-0473-MWD. CITY OF AUSTIN for an amendment to Permit No. 10543-012 to authorize an increase in the discharge volume and add an interim II phase. The proposed amendment would increase the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 40,000,000 gallons per day to a volume not to exceed an average flow of 75,000,000 gallons per day. The proposed amendment would also authorize an interim II phase at a volume not to exceed an average flow of 50,000,000 gallons per day. The applicant is also requesting a variance to the buffer zone requirements in accordance with 30 TAC Section 309.13(e)(1)(A). The wastewater treatment facilities are between Onion Creek and the Colorado River, approximately 2 miles west of their confluence, approximately 2 miles east of the Farm-to-Market Road 973 crossing of the Colorado River and 2 miles north of State Highway 71 in Travis County, Texas. The Commission will consider the application and hearing requests that have been filed on the application. |
| Item 7. | Docket No. 97-0587-IHW. Consideration of a application by SHELL ODESSA REFINING COMPANY, for a Class 3 modification to Permit No. HW- 50152 in accordance with 305.69. The permit authorizes the operation of a non-commercial industrial hazardous waste management facility for the treatment and disposal of hazardous wastes. The permit modification will authorize post-closure care for the Spray Evaporation Area (Permitted Unit No. 03) and the East Holding Ponds 1 and 2 (Permitted Unit No. 04). Both Permitted Units Nos. 03 and 04 contain hazardous waste, Class 1 and 2 non-hazardous industrial solid waste. The facility is located at 2700 Grandview Street, approximately 3 miles south of downtown Odessa, on approximately 24 acres in Ector County, Texas. (John Clegg) |
Issue Class 3 Modification, RM/BM. All Commissioners Agree
DISTRICT
| Item 8. | Docket No. 97-0093-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING AN APPLICATION BY LAKE CITIES MUNICIPAL UTILITY AUTHORITY OF DENTON COUNTY FOR APPROVAL OF AN IMPACT FEE. For Commission consideration. The District's application requests approval of the levy of a non-uniform impact fee up to $1,619 per ESFC for a water system, and a non-uniform impact fee up to $1,730 per ESFC for a wastewater system. (TNRCC Internal Control No. 123096-D04, Robert Cummins) |
| Item 9. | Docket No. 97-0416-MLM Consideration of TNRCC Docket No. 95-1532-MLM, SOAH Docket No. 582-95-1618 and TNRCC Docket No. 96-1533-MLM-E, SOAH Docket No. 582-97-0261, concerning AMERICAN ECOLOGY ENVIRONMENTAL SERVICES CORPORATION, which on June 3, 1997, were referred by the Commission to Alternative Dispute Resolution (ADR) for resolution of the remaining issues in these two cases. This hazardous waste storage and recycling facility operated in Winona, Smith County, Texas. The Executive Director and Mediator will update the Commission concerning the status of the negotiations in this matter, and request further guidance from the Commission concerning whether to extend the June 3rd Order’s time limit of June 30, 1997, for resolution of these matters, or proceed with some other option. (Robin Smith, Elisa Fontenot) |
| Item 10. | Docket No. 95-0418-UCR. Consideration of settlement agreement of the parties concerning the Judgment Affirming in Part and Remanding in Part issued by the 53rd Judicial District, Travis County, in Highsaw Water Supply Corporation v. TNRCC, Cause No. 95-14604. The Court case concerned an appeal of a Commission Order setting rates charged by Highsaw Water Corporation for service provided in Henderson County. (Angela Stepherson) |
| Item 11. | Docket No. 95-0697-UCR. Consideration of an application by the City of Palestine to amend Certificate of Convenience and Necessity No. 12135 and to decertify a portion of Certificate of Convenience and Necessity No. 10796 issued to Pleasant Springs Water Supply Corporation in Anderson County, Texas. (Leslie Brown/Vera Poe) |
| Item 12. | Docket No. 97-0599-CON. Consideration of authorizing the Executive Director to amend Contract No. 550100000 with Applied Earth Sciences, Inc. for site activities services at leaking petroleum tank (LPST) sites. (Katharine Marvin/Grace Windbigler) |
| Item 13. | Docket No. 97-0598-CON. Consideration of authorizing the Executive Director to amend Contract No. 550040000 with KEI Consultants, Inc. for monitoring, reporting and site evaluation services at leaking petroleum storage tank (LPST) sites. (Katharine Marvin/Grace Windbigler) |
| Item 14. | Docket No. 97-0595-SPF. Consideration of an administrative order to conduct remedial design and remedial action activities at the South Texas Solvents State Superfund Site in Banquete, Nueces County, Texas. (Caroline Sweeney and LaReine Pound) |
| Item 15. | Docket No. 97-0545-MWD. Consideration of a request by the City of Amarillo for the renewal of a Temporary Order authorizing the discharge of a maximum of 8 million gallons per day from the Hollywood Road Wastewater Treatment Plant which is located approximately four (4) miles east-southeast of the intersection of State Highway Spur 335 (Hollywood Road) and Farm-to-Market Road 1541 (Washington Street) in Randall County, Texas. The treated wastewater would be discharged by a 33-inch pipeline, thence to a diversion station (No. 49+39.86), thence to diversion pipe; thence to Babe Walker Draw; thence to Lake Tanglewood in the Upper Prairie Dog Town Fork of the Red River in Segment No. 0229 of the Red River Basin. The designated uses for Segment No. 0229 are: contact recreation and high aquatic life uses. The City has stated that such a request is justified to prevent additional ecological damage to Lake Tanglewood. The City has also stated that without the requested discharge, low water levels of Lake Tanglewood will cause severe economic impacts to homeowners around Lake Tanglewood due to the need to relocate docks, boat houses and other lake front appurtenances. The effluent limits in the draft permit will maintain and protect the existing instream uses. No significant degradation of high quality receiving waters is anticipated. (Jaime Slaughter 239-0472) |
| Item 16. | Docket No. 97-0131-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Natalia in Medina County, Permit No. 11806-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle) |
| Item 17. | Docket No. 96-1855-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kleberg County in Kleberg County, Permit No. 13374-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle) |
| Item 18. | Docket No. 96-1823-AGR-E. Consideration of an Agreed Order requiring certain actions of Julio Tiscareno dba Buena Vista Dairy; Erath County, No Permit; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle) |
| Item 19. | Docket No. 96-1441-AGR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Carol Morrison in Erath County; for dairy operation water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison) |
| Item 20. | Docket No. 96-1099-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bushland Independent School District in Potter County; PWS No. 1880045; for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier) |
| Item 21. | Docket No. 96-1948-PWS-E. Consideration of an Agreed Order requiring certain actions of Gary Gray dba Highland Shores RV Park in Wood County; PWS No. 2500053; 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) |
| Item 22. | Docket No. 96-1891-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Ben Wheeler Water Supply Corporation in Van Zandt County; PWS No. 2340006; 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) |
| Item 23. | Docket No. 96-0779-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gerald Heim dba Heim Water System in Wood County; PWS No. 250026; CCN No. 12227; 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. (Cecily Small) |
| Item 24. | Docket No. 97-0208-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chuck's Cajun Kitchen in Harris County; PWS No. 1012928; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Cecily Small) |
| Item 25. | Docket No. 96-0768-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Marsha Water Supply Corporation in Travis County; PWS No. 2270040; CCN No. 12166; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Cecily Small) |
| Item 26. | Docket No. 96-0564-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Kathy Williams dba Kid's Country Child Care in Harris County; PWS No. 1011706; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Cecily Small) |
| Item 27. | Docket No. 96-0363-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Newell Oil Co., Inc. in Brewster County; Enforcement Identification No. 4559 (formerly E11211); for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mick Wilson) |
| Item 28. | Docket No. 96-0971-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of M-Co Auto Parts in Bexar County; Enforcement Identification No. 4764 (formerly E11564); for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mick Wilson) |
| Item 29. | Docket No. 96-0638-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Roger Evler in Hidalgo County; Enforcement Identification No. 5039 (formerly E11246); 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 30. | Docket No. 96-1036-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Price Construction, Inc. in Howard County; Enforcement Identification No. 5034; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson) |
| Item 31. | Docket No. 96-1840-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of P & M Associates in Bowie County; Enforcement Identification No. 4319; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson) |
| Item 32. | Docket No. 96-1314-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Groceries in Harris County; PST Enforcement ID No. E11112; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Walt Ehresman) |
| Item 33. | Docket No. 96-0648-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Alfredo Moreno dba Moreno's Texaco in El Paso County; Enforcement ID No. 4424; 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) |
| Item 34. | Docket No. 96-0315-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gateway Truck Stop in Willacy County; Facility No. 11872; for underground storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman) |
| Item 35. | Docket No. 96-0475-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gulshan, Incorporated in Galveston County; PST Facility ID No. 24890; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman) |
| Item 36. | Docket No. 96-0734-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of B & B Paint & Body in Dallas County; Account No. DB-3917-K; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Barbara Lazard) |
| Item 37. | Docket No. 96-1177-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Unique Cars Paint & Body Works, Inc. in Dallas County; Account No. DB-3762-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. (Barbara Lazard) |
| Item 38. | Docket No. 96-1473-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Express Paint and Body in Dallas County; Account No. DB-3723-C; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Barbara Lazard) |
| Item 39. | Docket No. 96-1157-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mike's Detail and Body Shop in Galveston County; Account No. GB-0535-V; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Barbara Lazard) |
| Item 40. | Docket No. 96-1978-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sanifill, Inc., Harris County; Account No. HX-0951-H; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Barbara Lazard) |
| Item 41. | Docket No. 96-1296-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of El Paso Auto Collision in El Paso County; Account No. EE-1429-P; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Barbara Lazard) |
| Item 42. | Docket No. 97-0233-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Peck's Pickup Sales in Parker County; Account No. PC-0220-N; 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. (Mary Jennings) |
| Item 43. | Docket No. 97-0260-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Five Star Automotive in Denton County; Account No. DF-0472-E; 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. (Mary Jennings) |
| Item 44. | Docket No. 97-0032-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Roadrunner Trailers of Texas, Incorporated in Denton County; Account No. DF-0438-E; 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 45. | Docket No. 97-0276-AIR-E. Consideration of an Agreed Order requiring certain actions of Second Chance Autos in Kaufman County; Account No. KB-0160-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. (Mary Jennings) |
| Item 46. | Docket No. 97-0128-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hines Nut Company in Dallas County; Account No. DB-4294-U; 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 47. | Docket No. 96-0513-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of EGP Fuels Company in Harris County; SWR No. 30282; for violations pursuant to the Texas Health and Safety Code Ann. Chapter 361 (the "Act") and Texas Water Code, Chapter 26, (the "Code") and the rules of the Texas Natural Resource Conservation Commission. (Anne Rhyne) |
| Item 48. | Docket No. 97-0520-RUL. Consideration for publication of, and hearing upon, the proposed amendments to 30 TAC Chapter 113, Subchapter C, Sections 113.180, 113.190, 113.200, 113.280, 113.340, and 113.380, concerning National Emission Standards for Hazardous Air Pollutants for Source Categories. The proposed rules would incorporate by reference six federal Maximum Achievable Control Technology (MACT) standards for the control of hazardous air pollutant emissions from specific source categories. (Ann Hammer/Karen Olson) (Rule Log 97125-113-AI). |
| Item 49. | Docket No. 96-1866-RUL. Consideration for the repeal of 30 TAC Chapter 101, Section 101.6, concerning Notification Requirements for Major Upset, and Section 101.7, concerning Notification Requirements for Maintenance; and for adoption of a new 30 TAC Chapter 101, Section 101.6, concerning Upset Reporting and Recordkeeping Requirements, and Section 101.7, concerning Maintenance, Start-up and Shutdown Reporting, Recordkeeping, and Operational Requirements; and for adoption of amendments to 30 TAC Chapter 101, Section 101.1, concerning Definitions, and Section 101.11, concerning Exemptions from Rules and Regulations; and for revisions to the State Implementation Plan. If approved, the new sections and amended rules would clarify when and how unauthorized emissions must be reported, considering reporting requirements found in other state and federal regulations, enhancement of compliance, and utilization of agency resources. The proposal was published in the January 31, 1997, issue of the Texas Register (22 TexReg 1065). (Beecher Cameron) (Rule Log No. 96154-101-AI). |
| Item 50. | Docket No. 97-0501-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 335, Subchapter A, Section 335.6, concerning Notification Requirements, Section 335.9, concerning Recordkeeping and Annual Reporting Procedures Applicable to Generators, and Section 335.15, concerning Recordkeeping and Reporting Requirements Applicable to Owners or Operators of Storage, Processing Or Disposal Facilities. The proposed rules would mandate that Large Quantity Generators and Receivers use electronic software provided by the executive director for the submittal of notification and reporting data. The amendments would streamline notification and reporting procedures, increasing the accuracy and timeliness of the Annual Waste Summary, Monthly Waste Receipt Summary, and Notice of Registration data through built-in checks in the electronic software. The proposed rules would also shorten the waiting period between notification of intent to recycle and commencement of recycling activities. Changes were also made to conform hazardous waste reporting with federal regulations. (Ray Pizarro) (Rule Log No. 97102-335-WS). |
| Item 51. | Docket No. 97-0534-RUL. Consideration for publication and hearing on the proposed repeal of 30 TAC Sections 115.521-115.527 and 115.529 (concerning Perchloroethylene Dry Cleaning Systems); and revisions to the State Implementation Plan (SIP) regarding these proposed repeals. The proposal repeals rules which are no longer necessary because perchloroethylene participates only negligibly in formation of ozone. Perchloroethylene is instead being regulated as an air toxic. (Eddie Mack) (Rule Log No. 97136-115-AI). |
| Item 52. | Docket No. 97-0605-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 53. | Docket No. 97-0606-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 54. | Docket No. 97-0571-IWD. Request by Champion International Corporation for an extension to a site specific variance to the existing surface water quality standards for total aluminum in Sam Rayburn Reservoir, Segment 0610, of the Neches River Basin. The variance extension will allow the Commission time to consider adoption of a site specific standards prior to Champion International Corporation having to comply with effluent limitations based on existing surface water quality standards. |
| Item 55. | Docket No. 97-0571-IWD. Request by Champion International Corporation for an extension to a site specific variance to the existing surface water quality standards for the designated aquatic life use of the riverine portion of Sam Rayburn Reservoir, Segment 0610, of the Neches River Basin. The variance extension will allow the Commission time to consider adoption of a site specific standard prior to Champion International Corporation having to comply with effluent limitations based on existing surface water quality standards. |
| Item 56. | Docket No. 97-0571-IWD. Champion International Corporation for an amendment to permit no. 00368 to revise the compliance date for final effluent limitations for total aluminum. Final effluent limitations for biochemical oxygen demand have been replaced with effluent limitations for carbonaceous biochemical oxygen demand and ammonia nitrogen. Additionally, the amendment will revise the final effluent limitations for total aluminum and total suspended solids. The permit authorizes a discharge of process wastewater, utility wastewater, domestic wastewater, and storm water. The permittee operates an integrated pulp and paper mill. The plant site is located on the north side of State Highway 103 approximately 0.25 miles east of the intersection of State Highway 103 and Farm-to-Market Road 842, near the City of Lufkin, Angelina County, Texas. |
| Item 1. | 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 2. | Docket No. 97-0392-IWD. MAPCO PETROLEUM, INC. for a permit (Proposed Permit No. 03920) to authorize the discharge of wastewater and storm water at a volume not to exceed an average flow of 500 gallons per day. The applicant operates a service station, truck stop and convenience store for retail sales. The plant site is located at 2205 State Highway 62 in the City of Orange, Orange County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. |
| Item 3. | Docket No. 96-1027-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Hector's Body Shop in Collin County; TNRCC Air Account No. CP-0327-S; 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. (Barbara Lazard) |
| Item 4. | Docket No. 97-0156-RUL. Consideration for the adoption of 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 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. The proposal was published in the April 4, 1997, issue of the Texas Register (22 TexReg 3281). (Jim Dodds) (Rule Log No. 97120-122-AI). |
| Item 5. | TNRCC Docket No. 96-0199-MSW; SOAH Docket No. 582-96-0502. Consideration of Administrative Law Judge's Proposal for Decision & Order concerning the Application of Browning-Ferris, Inc. for a amendment to Permit No. 1663-A to authorize the operation of a Municipal Solid Waste Type I Site in Randall County, Texas. The Applicant seeks authorization to upgrade the facility to Subtitle D Standards an to increase the final height and excavation depth. Recommendation: Issue permit approving Subtitle D upgrades and expansion of West Fill Area. Deny request for vertical expansion of East Fill Area. (ALJ): Sylvia McClellan |
| Item 6. | 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 57. | Docket No. 97-0501-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 335, Subchapter A, Section 335.6, concerning Notification Requirements, Section 335.9, concerning Recordkeeping and Annual Reporting Procedures Applicable to Generators, and Section 335.15, concerning Recordkeeping and Reporting Requirements Applicable to Owners or Operators of Storage, Processing Or Disposal Facilities. The proposed rules would mandate that Large Quantity Generators and Receivers use electronic software provided by the executive director for the submittal of notification and reporting data. The amendments would streamline notification and reporting procedures, increasing the accuracy and timeliness of the Annual Waste Summary, Monthly Waste Receipt Summary, and Notice of Registration data through built-in checks in the electronic software. The proposed rules would also shorten the waiting period between notification of intent to recycle and commencement of recycling activities. Changes were also made to conform unmanifested hazardous waste reporting with federal regulations. (Ray Pizarro) (Rule Log No. 97102-335-WS). |
| Item 58. | Docket No. 97-0392-IWD. MAPCO PETROLEUM, INC. for a permit (Proposed Permit No. 03920) to authorize the discharge of wastewater and storm water at a volume not to exceed an average flow of 500 gallons per day. The applicant operates a service station, truck stop and convenience store for retail sales. The plant site is located at 2205 State Highway 62 in the City of Orange, Orange County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. |
| Item 59. | Docket No. 97-0635-RUL. Consideration for publication of proposed amendments to 30 TAC Chapters 55 and 80, concerning Public Comment and Contested Case Hearings. The proposed amendments would establish a system for the commission’s consideration of and response to public comments on applications and draft permits for federally authorized UIC, RCRA and NPDES permit programs, both within the contested case hearing process and when there is no contested case hearing on an application. They would also provide for intervention by members of the public in contested case proceedings to enforce NPDES and UIC permits, as long as the state of Texas has authorization from the federal government to administer the particular program. The proposal will also concern the repeal of 30 TAC Chapter 305, subchapter E, the current rules on public comment procedure. The proposal would also make changes to agency rules to follow the recent passage of Senate Bill 637. The Bill amended the Administrative Procedure Act to allow for an agreed date for when a Commission order is final and appealable. |
| Item 60. | Docket No. 95-0697-UCR. Consideration of a Contract between the City of Palestine and Pleasant Springs Water Supply Corporation designating the areas to be served by their Certificates of Convenience and Necessity and of an application by the City of Palestine to amend Certificate of Convenience and Necessity No. 12135 and to decertify a portion of Certificate of Convenience and Necessity No. 10796 issued to Pleasant Springs Water Supply Corporation in Anderson County, Texas. (Leslie Brown/Vera Poe) |
| Item 61. | Docket No. 97-0636-EXE. The Commission will meet in closed session to receive legal advice concerning the following pending litigation: In Re Tejas Testing Technology One, L.C. and Tejas Testing Technology Two, L.C., Case Nos. 95-12265 and 95-12266, Jointly Administered under Case No. 95-12265-FM in the United States Bankruptcy Court for the Western District of Texas--Austin Division; and Tejas Testing Technology One, L.C. and Tejas Testing Technology Two, L.C., Plaintiffs v. The State of Texas, The Texas Natural Resource Conservation Commission, Barry McBee, Ralph Marquez, John M. Baker, Dan Pearson, Dan Morales, The Texas Department of Public Safety, James R. Wilson, The Texas Department of Transportation, and William G. Burnett, Defendants, Cause No. A-96-CA-70JRN, in the United States District Court for the Western District of Texas--Austin Division, and Cause No. 95-14621 in the 345th District Court, Travis County, Texas. The authority for the closed session is Section 551.071 of the 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 Open Meetings Act, Chapter 551 of the Texas Government Code. |
| Item 1. | Docket No. 94-0334-WR. Consideration of the application by the City of Dallas for water rights permit No. 5414. The Commission issued its order approving the application on December 28, 1994. The Commission will now consider the Judgement remanding the application to the Commission that was issued by the 200th Judicial District Court of Travis County in Cause No. 95-03161 in Dallas County Park Cities Municipal Utility District v. TNRCC. The City of Dallas application seeks authorization to divert for municipal use the periodically occurring higher flows of the Elm Fork Trinity River, Trinity River Basin, at two diversion points in Dallas County. |