| Item 1. | Docket No. 97-0871-AIR. OCCIDENTAL CHEMICAL CORP. for issuance of Air Quality Permit No. 35280 to authorize construction of a Sodium Methylate Plant. The expansion will modify the existing facility located at 1000 Tidal Road, Deer Park, Harris County, Texas. The Commission will consider the application and hearing requests that have been filed on the application. (Christopher Gee/Kim Hasselmark) |
| Item 2. | Docket No. 97-0842-MWD. CITY OF MISSOURI CITY has applied to the Texas Natural Resource Commission (TNRCC) for a new permit, Permit No. 13873-001. The wastewater treatment facility will serve the City of Missouri City. The proposed permit will authorize the discharge of treated domestic wastewater effluent at an interim volume not to exceed an annual average flow of 1.5 million gallons per day and a final volume not to exceed an annual average flow of 3.0 million gallons per day. The proposed wastewater treatment facilities will be located approximately 2,300 feet southeast of the intersection of Oilfield Road and State Highway 6 in Fort Bend County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. |
| Item 3. | Docket No. 97-0841-IHW. Consideration of the application of TecSafe, L.L.C. for Research, Development, and Demonstration Permit No. 50366. An application requesting authorization for the construction and operation of two proposed tanks, and one proposed container storage and process treatment technology building for the storage of hazardous and non hazardous waste for the purpose of developing waste treatment technologies. The applicant will operate a research and development facility to develop innovative and experimental hazardous waste treatment technology and/or processes. The facility is located on State Highway 176, on approximately 100 acres, approximately 30 miles west of Andrews in Andrews County, Texas. (Chris Gee, Susan White) |
| Item 4. | Docket No. 95-0697-UCR. Consideration of an Order replacing the Order previously issued by the Commission on July 18, 1997, for approval of the portions of an agreement or contract between the City of Palestine, Pleasant Springs Water Supply Corporation, and Memorial Hospital Foundation - Palestine, Inc. designating the areas to be served by the City of Palestine and Pleasant Springs Water Supply Corporation pursuant to their Certificates of Convenience and Necessity and of applications 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. (Lara Nehman/Vera Poe) |
| Item 5. | Docket No. 97-0457-UCR. Consideration of approval of the portions of an agreement or contract between the City of Midlothian, Sardis-Lone Elm Water Supply Corporation, and Midlothian Water District designating the areas to be served by the City of Midlothian and Sardis-Lone Elm Water Supply Corporation pursuant to their Certificates of Convenience and Necessity; of approval of the portions of an agreement or contract between the City of Midlothian and Mountain Peak Water Supply Corporation designating the areas to be served by them pursuant to their Certificates of Convenience and Necessity; and of approval of an application by the City of Midlothian to amend Certificate of Convenience and Necessity No. 11706 in Ellis County, Texas. (Maria Sanchez/Vera Poe) |
| Item 6. | Docket No. 97-0609-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING AN APPLICATION BY CAPE ROYALE UTILITY DISTRICT FOR APPROVAL TO LEVY A STANDBY FEE. For Commission consideration. Applicant requests Commission approval of a standby fee in the maximum amount allowable by Commission rules to supplement its operation and maintenance account. (Internal Control No. 020397-D02, Robert Cummins) |
| Item 7. | Docket No. 97-0835-AIR. Consideration of a Petition and Proposed Order regarding Designation of Single Property, pursuant to 30 TAC §101.2(b), concerning Multiple Air Contaminant Sources or Properties, submitted by Texas Instruments Incorporated and Raytheon TI Systems, Inc. If granted the petitioners will have their properties designated as a single property for the purpose of demonstrating compliance with TNRCC regulations and the control of air emissions. (Janis Hudson, Victoria Hsu) |
| Item 8. | Docket No. 97-0890-CON. Consideration of authorizing the Executive Director to amend Contract No. 550110000 with Environeering, Inc. for site activities services at leaking petroleum storage tank (LPST) sites. (Katharine Marvin/Grace Windbigler) |
| Item 9. | Docket No. 97-0843-CON. Consideration of authorizing the Executive Director to execute a contract amendment to Foster Wheeler Environmental Corporation's Engineering Services Contract for Oversight of Supplemental Site Characterization for the Groundwater Operable Unit Remediation at the North Cavalcade Street Superfund Site. (Medford) |
| Item 10. | Docket No. 97-0920-SPF. Consideration of an administrative order to conduct remedial design and remedial action activities at the Double R Plating State Superfund Site, Queen City, Cass County, Texas. (Caroline Sweeney and Thomas Benz) |
| Item 11. | Docket No. 97-0170-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Peter DeRidder dba Chalk Mountain Dairy in Erath County; Permit No. 03290; for dairy operation record keeping violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Cecily Small) |
| Item 12. | Docket No. 97-0124-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Finish Line in Tarrant County; Air Account No. TA-3267-C; for air 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. (Cecily Small) |
| Item 13. | Docket No. 97-0016-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of L & E Auto Sales in Dallas County; Air Account No. DB-3583-R; for air violation 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. (Cecily Small) |
| Item 14. | Docket No. 96-1197-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Maintain, Inc. in Dallas County; Air Account No. DB-3232-D; for air 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. (Cecily Small) |
| Item 15. | Docket No. 97-0182-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Thrifty Motor Company in El Paso County; Air Account No. EE-1554-L; for air 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. (Cecily Small) |
| Item 16. | Docket No. 97-0178-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Vic's Auto Body Repair in Wharton County; Air Account No. WF-0174-AIR-E; 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. (Cecily Small) |
| Item 17. | Docket No. 97-0529-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Channel Shipyard, Inc. in Harris County; Account No. HG-3585-F; 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. (Miriam Hall) |
| Item 18. | Docket No. 97-0374-AIR-E. Consideration of an Agreed Order requiring certain actions of Lone Star Sign Company in Tarrant County; Account No. TA-3455-W; 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 19. | Docket No. 97-0165-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lu Auto Repair in Tarrant County; Account No. TA-3307-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. (David Edge) |
| Item 20. | Docket No. 97-0714-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of First Choice U C in Dallas County; Account No. DB-4667-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. (Mary Jennings) |
| Item 21. | Docket No. 97-0715-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of R & M Truck Sales in Dallas County; Account No. DB-4668-B; 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 22. | Docket No. 96-1702-AIR-E. Consideration of a Default Order assessing administrative penalties against Save-On Paint & Body in Brazoria County; TNRCC ID No. BL-0333-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 23. | Docket No. 96-1682-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Team BBS Autoworks in Galveston County; Air Account No. GB-0597-W; for air 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. (Hodgson Eckel) |
| Item 24. | Docket No. 97-0608-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of James Jennings in Lamb County; Facility ID No. 0001745; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe) |
| Item 25. | Docket No. 96-0944-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Mack Kahn in Palo Pinto County; Facility ID No. 45574; for PST violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe) |
| Item 26. | Docket No. 96-0640-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Paul J. Roby in Concho County, Texas; Facility ID No. 43775; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe) |
| Item 27. | Docket No. 96-1091-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Star-Tex Distributors, Inc. in Fort Bend County; Facility ID No. 10953; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe) |
| Item 28. | Docket No. 96-0896-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of John O'Dowd in Harris County; Facility ID No. not registered; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe) |
| Item 29. | Docket No. 96-0776-PST-E. Consideration of an Shutdown Order requiring certain actions of Horn Marketing Inc. and Brent L. Culwell in Stephens County; Facility ID. No. 24833, Enforcement ID No. 11457; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Raymond Winter) |
| Item 30. | Docket No. 97-0773-PST-E. Consideration of an Shutdown Order requiring certain actions of Horn Marketing Incorporated in Stephens County; Facility ID. No. 24834, Enforcement ID No. 4057; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Raymond Winter) |
| Item 31. | Docket No. 96-0420-PST-E. Consideration of an Shutdown Order requiring certain actions of Horn Marketing Inc. Eastland County; Facility ID No. 22262, Enforcement ID No, 11452; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Raymond Winter) |
| Item 32. | Docket No. 96-0774-PST-E. Consideration of an Shutdown Order requiring certain actions of Horn Marketing, Inc. and John Stowe in Palo Pinto County; Facility ID No. 22257, Enforcement ID No. 11462; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Raymond Winter) |
| Item 33. | Docket No. 96-0678-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of T.C. Tubb dba Pecan Grove Mobile Home Park in Midland County; PWS No. 1650024; 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. (Tracy Harrison) |
| Item 34. | Docket No. 96-1712-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of William Kraft dba Perkins Mobile Home Park in Hale County; PWS No. 0950020; for public drinking water violations pursuant to Chapter 341 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tracy Harrison) |
| Item 35. | Docket No. 97-0908-RUL. Consideration of revisions to Series 1 and 23 of the Water Quality Management Program Continuing Planning Process document. These revisions are required by EPA for National Pollutant Discharge Elimination System (NPDES) delegation. |
| Item 36. | Docket No. 97-0520-RUL. Consideration for adoption of new 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. If approved, the rules would incorporate by reference six federal Maximum Achievable Control Technology standards for the control of hazardous air pollutant emissions from the following source categories; Perchloroethylene Dry Cleaning Facilities, Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks, Ethylene Oxide Sterilization Facilities, Epoxy Resins Production and Non-Nylon Polyamides Production, Petroleum Refineries, and Aerospace Manufacturing and Rework Facilities. The staff also requests approval to seek formal delegation of these standards from the United States Environmental Protection Agency. The proposed rules were published in the July 22, 1997 issue of the Texas Register (22 TexReg 6834). (Ann Hammer/Karen Olson) (Rule Log No. 97125-113-AI). |
| Item 37. | Docket No. 97-0534-RUL. Consideration for repeal of 30 TAC Chapter 115, Sections 115.521-115.527 and 115.529 (concerning Perchloroethylene Dry Cleaning System); and revisions to the State Implementation Plan (SIP) regarding these repeals. These repeals delete rules which are no longer necessary because perchloroethylene participates only negligibly in the formation of ozone. Perchloroethylene is instead being regulated as an air toxic. The proposed repeals were published in the July 22, 1997, issue of the Texas Register (22 TexReg 6837). (Eddie Mack) (Rule Log No. 97136-115-AI). |
| Item 38. | Docket No. 97-0194-RUL. Consideration for adoption of new 30 TAC Chapter 122, concerning Federal Operating Permits, and the repeal of existing 30 TAC Chapter 122. If adopted, the revisions would streamline the operating permit process and provide additional flexibility in the permit application review and post permitting processes. The revisions are also necessary to implement changes to the operating permits program required by United States Environmental Protection Agency in order for the agency to receive full program approval. The proposal was published in the May 13, 1997, issue of the Texas Register (22 TexReg 4140). (Karen Olson, Jim Dodds) (Rule Log No. 96159-122-AI). |
| Item 39. | Docket No. 97-0475-RUL. Consideration for adoption of amendments to 30 TAC Chapter 213, Section 213.14, concerning the Edwards Aquifer. If approved, these rules would implement legislative changes made to Texas Water Code, Section 26.0641(a) and (d); allow the commission to impose fees for the processing of plans and amendments to plans and for inspecting the maintenance of construction projects; raise the cap on the fee for the commission's review and approval of an Edwards Aquifer protection plan or amendment to a plan from $2,000 to $5,000; and set out the fee schedule and collection procedures to be used by the executive director. The proposal was published in the July 8, 1997 issue of the Texas Register (22 TexReg 6400). (Jennifer Sidnell) (Rule Log No. 97134-213-WT). |
| Item 40. | Docket No. 97-0885-RUL. Consideration for publication of, and hearing upon, the proposed repeal of 30 TAC Chapter 320, concerning Regional Assessments of Water Quality (Clean Rivers Program); and proposed new 30 TAC Chapter 220, concerning Monitoring and Assessment of Water Quality by Watershed and River Basin (Clean Rivers Program). The proposed rules would establish criteria for the development of a program for monitoring and assessment of water quality by watershed and river basin; renumber and update references in those sections containing the rules for assessing water quality fees by watershed; and implement changes made to the reauthorized program through legislation adopted by the 75th Texas Legislature in 1997 (House Bill 1190/Counts). (Chuck Dvorsky) (Rule Log No. 97137-320-WT). |
| Item 41. | Docket No. 97-0932-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 42. | Docket No. 97-0933-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 43. | Docket No. 97-0635-RUL. Consideration for the adoption of proposed amendments to 30 TAC Chapters 55 and 80, concerning Public Comment and Contested Case Hearings, and for the adoption of the repeal of 30 TAC Chapter 305, Subchapter E, concerning Action, Notice, and Hearing. 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 UIC and NPDES permits, as long as the state of Texas has authorization from the federal government to administer the particular program. The proposal also concerns the repeal of 30 TAC Chapter 305, subchapter E, the current rules on public comment procedure. The proposal also concerns 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. The proposal was published in the August 8, 1997 edition of the Texas Register (22 TexReg 7336). The public comment period closed September 8, 1997. |
| EXECUTIVE SESSION |
| Item 44. | Docket No. 97-0953-EXE. The Commission will meet in closed session to deliberate the employment, evaluation, duties, discipline, or dismissal of the Deputy Director for Waste Management 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. |
| Item 1. | Docket No. 97-0812-RES. Consideration of an amendment to the Commission resolution adopted on September 2, 1997, which created a committee to advise the Commission on the development of a voluntary emissions reduction plan for the permitting of existing significant sources, as required by H.B. 3019, 75th Legislature. The amendment would modify item 11 of the resolution, in order to facilitate the reimbursement of travel expenses. (Dan Eden) |
| Item 1. | Docket No. 95-0616-WR. Consideration of Motion of the City of Corpus Christi, et al. to amend the April 26, 1995 agreed order establishing operational procedures pertaining to special condition 5.B, Certificate of Adjudication No. 21-3214, held by the City of Corpus Christi, Nueces River Authority, and the City of Three Rivers. The motion seeks to suspend Corpus Christi's monthly fresh water pass-through requirement where its reservoir system is below 40% of total storage capacity and it has implemented Condition II of its Drought Contingency Plan. |
| Item 1. | TNRCC Docket No. 96-1395-PST-E; SOAH Docket No. 582-97-1216. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the petition of the Executive Director of the Texas Natural Resource Conservation Commission for an order assessing penalties against Billy Ekrut dba Ekrut Oil Co., and requiring certain actions in Bosque and McLennan Counties, Texas. Penalty Requested: $12,000 Recommendation: Issuance of Order requested by the Executive Director. (M. Rogan). |
| Item 2. | TNRCC Docket No. 97-0352-DIS; SOAH Docket No. 582-97-1402. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of Travis County Water Control and Improvement District No. 17 for authority to levy impact fees in Apache Shores. Recommendation: Approval of application (L. Craven) |
| Item 3. | Docket Number 97-0618-UCR. Consideration of the application of Travis County Water Control and Improvement District No. 17 to Transfer Certificate of Convenience Number 10309 from Apache Shores Utility Corporation in Travis County Texas. (Application No. 31541-S, Vera Poe |