| Item 1. | Docket No. 97-1068-IHW. Consideration of an application by Shell Odessa Refining Company for a Class 2 modification to permit HW-50152 in accordance with 30 TAC Sections 39.107 and 305.69 (c). The permit authorizes the operation of an industrial solid waste management facility. The modification will authorize the existing land treatment unit be granted a Delay of Closure, which would allow the unit to continue to accept only (non-hazardous) industrial solid waste after the final receipt of hazardous waste. The unit will finally close in accordance with all applicable RCRA regulation in the year 2015. The facility is located on Grandview Street, approximately 2 miles south of the Interstate 20 exit on approximately 24 acres near Odessa, Ector County Texas. (John Clegg) |
| Item 2. | Docket No. 97-1028-MSW. WASTE MANAGEMENT OF TEXAS, INC. for an amendment to their existing Type I municipal solid waste permit. This permit amendment is designated as MSW2093-A, and if approved, will authorize both lateral and vertical expansion to the permitted facility. The amendment will increase the maximum fill height of the completed landfill from the currently permitted 742 feet mean sea level on the eastern portion of the site to 850 feet mean sea level on the western portion of the site and will increase the permitted acreage from the currently permitted 176.44 acres to 478.52 acres. The permittee is authorized to dispose of municipal solid waste resulting from or incidental to municipal, community, commercial, institutional and recreational activities; municipal solid waste resulting from construction or demolition projects, Class 1 non-hazardous industrial solid waste, Class 2 industrial solid waste, Class 3 industrial solid waste and special wastes that are properly identified. The acceptance of Class 1 non-hazardous industrial solid waste and Class 2 and 3 industrial solid waste, and/or special waste is contingent upon such waste being handled in accordance with 30 TAC Sections 330.136 and 330.137, and in accordance with limitations and special provisions provided in the permit and application. Other solid waste may be accepted on a case by case basis with prior written approval from the executive director. The average waste acceptance rate of municipal solid waste is projected to be approximately 5,000 tons per day including Class 1 non-hazardous industrial solid waste. The maximum daily volume of incoming waste will vary with the solid waste disposal needs of those served by the landfill and is not limited to the projected maximum rate. The site would be authorized to operate 24 hours per day, Monday through Sunday. The facility is located at 8611 Covel Road, approximately 1.25 miles to the southwest of the intersection of Ray Ellison Boulevard and Interstate Highway 410 in San Antonio, Bexar County, Texas. The Commission will consider the application and hearing requests that have been filed on the application. |
| Item 3. | Docket No. 97-1018-AIR. HOLNAM TEXAS, L.P. for renewal of Air Quality Permit No. 8996 to authorize the continued operation of an existing Portland Cement Plant. The location of the existing facility is 1800 Dove Lane in Midlothian, Ellis County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Kerri Rowland/Earl Jones) |
| Item 4. | Docket No. 97-1017-AIR. STANCON INC. for Standard Exemption 71 under Standard Exemption Registration No. 34170 to construct a Concrete Batch Plant. The proposed location is at the west side of FM156, 4/10 of a mile south of Sam Reynolds Road in Justin, Denton County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Kerri Rowland/Helga Chatelle) |
| Item 5. | Docket No. 97-1027-MWD. Request by RONALD W. STUMPF for a new permit (Proposed Permit No. 13862-001) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 0.0061 million gallons per day. The wastewater treatment facility will serve the Pleasant Oak Mobile Home Park. The plant site is located approximately 0.75 mile south of the intersection of Farm-to-Market Roads 917 and 1902, and approximately 2 miles east-southeast of the City of Joshua in Johnson County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. |
| Item 6. | Docket No. 97-0934-SPF. Consideration of an administrative order to conduct remedial design/remedial action and post-closure activities at the Houston Scrap State Superfund Site in Houston, Harris County, Texas (Trey Collins and Lara Nehman) |
| Item 7. | Docket No. 97-1055-SPF. Consideration of an agreed order requiring the McBay Oil & Gas PRP Settling Group to perform a removal action at the McBay Oil & Gas State Superfund Site located in Grapeland, Houston County, Texas. (Bob Sweeney and Michael Bame) |
| Item 8. | Docket No. 97-0137-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Fisher Auto Sales in Tarrant County; Air Account No. TA-2219-U; for air 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. (Kara Salmanson) |
| Item 9. | Docket No. 97-0371-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Modern, Incorporated in Hardin County; Account No. HF-0057-V; 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. (Lawrence King) |
| Item 10. | Docket No. 97-0573-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Five Points Salt Water Disposal in Midland County; Account No. ML-0181-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. (Kevin Cauble) |
| Item 11. | Docket No. 97-0705-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Buster Concrete and Materials, Incorporated in Hunt County; Account No. HV-0044-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 12. | Docket No. 97-0401-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hi-Plains Truck and Body in Potter County; Account No. PG-0151-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. (Kevin Cauble) |
| Item 13. | Docket No. 97-0740-AIR-E. Consideration of an Agreed Order requiring certain actions of Windsor Park Veterinary Clinic in Travis County; Account No. TH-0674-V; 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 14. | Docket No. 97-0354-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Huntsman Petrochemical Corporation in Jefferson County; Account No. JE-0052-V; 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 (Lawrence King) |
| Item 15. | Docket No. 97-0381-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southern Clay Products, Inc. in Gonzales County; Account No. GG-0029-J; for air quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Ann., Chapter 382 and the rules of the Texas Natural Resource Conservation Commission which were voluntarily disclosed under the Environmental, Health, & Safety Audit Privilege Act, Tex. Ann. Civ. Stat. art 4447cc. (Sabelyn Pussman) |
| Item 16. | Docket No. 97-0111-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of L & L Motors, Incorporated and Lewis Moon in Dallas County; Air Account No. DB-1874-R; 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. (Kara Salmanson) |
Issue Default Order, RM/JB. All Commissioners Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
| Item 17. | Docket No. 97-0334-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Ranger in Eastland County; Permit No. 11557-001 for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle) |
| Item 18. | Docket No. 97-0215-MWD-E. Consideration of an Agreed Order requiring certain actions of Harris County Water Control and Improvement District No. 21 in Harris County; Permit No. 10105-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle) |
| Item 19. | Docket No. 97-0580-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Tioga in Grayson County; Permit No. 13199-001 for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer) |
| Item 20. | Docket No. 978-0469-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Torres Dickerson in Wharton County; Permit No. 33477; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison) |
| Item 21. | Docket No. 96-0885-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Thalia Water Supply Corporation in Foard County; PWS No. 0780013; 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. (Kathy Keils) |
| Item 22. | 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 23. | Docket No. 96-1652-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Mike Ford dba Town & Country Mobile Home Park in Erath County; PWS No. 0720022; for public drinking water violation pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils) |
| Item 24. | Docket No. 96-1952-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Matt Comrado dba Matty's Pattys, Incorporated in Harris County; PWS No. 1012226; 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. (Kathy Keils) |
| Item 25. | Docket No. 96-1610-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Wolfe Air Park Water System in Brazoria County; PWS No. 0100409; 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. (Kathy Keils) |
| Item 26. | Docket No. 96-1672-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Donald Dragoo dba Union Hill Water System in Johnson County; PWS No. 1260107; 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. (Kathy Keils) |
| Item 27. | Docket No. 97-0612-RUL. Consideration for adoption of new 30 TAC Chapter 7, Sections 7.111-7.116, concerning Memoranda of Understanding (MOU). If adopted, the rule would establish an MOU between the Texas Natural Resource Conservation Commission and the following six state agencies: the Texas Department of Mental Health and Mental Retardation, the Texas Department of Criminal Justice, the Texas Parks and Wildlife Department, the Texas A&M University System, the Texas Low-Level Radioactive Waste Disposal Authority, and the General Services Commission. The MOU would set forth the coordination of program responsibility and procedural mechanisms relating to the National Flood Insurance Program minimum regulations. The proposed rule was published in the July 29, 1997 issue of the Texas Register (22 TexReg 7012). (James Mirabal) (Rule Log No. 97126-007-AD) |
| Item 28. | Docket No. 97-0813-RUL. Consideration for adoption of amendments to 30 TAC Chapter 330, Subchapter Z, Sections 330.1181 and 330.1183, concerning Waste Minimization and Recyclable Materials. If adopted, the amendments would increase the allowable used oil filter (UOF) storage quantity to make it possible for persons handling UOFs to accumulate larger quantities of UOFs without becoming a storage facility. The proposed rules were published in the October 3, 1997, issue of the Texas Register (22 TexReg 9854). (Debbie Bohl) (Rule Log No. 97169-330-WS) |
| Item 29. | Docket No. 97-0388-RUL. Consideration for adoption of the repeal of existing 30 TAC Chapter 101, Section 101.29, concerning Emissions Banking; new 30 TAC Chapter 101, Section 101.29, concerning Emissions Banking and Trading; new 30 TAC Chapter 115, Section 115.950, concerning Emissions Trading; amendments to 30 TAC Chapter 117, Sections 117.540 and 117.570, concerning Phased Reasonably Available Control Technology, and concerning Trading; and revisions to the State Implementation Plan (SIP) concerning the repeal, new sections, and amendments. If adopted, the rules 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. The proposed rules were published in the June 10, 1997 issue of the Texas Register (22 TexReg 5641). (Susanna Hildebrand, Mike Magee) (Rule Log No. 96158-101-AI) |
| Item 30. | Docket No. 97-0969-RUL. Consideration for publication of, and hearing upon, proposed new 30 TAC Chapter 205, Sections 205.1-205.7, concerning general permits for waste discharges; and 30 TAC Chapter 321, Subchapter I, Section 321.141 concerning Additional Characteristics and Conditions for Controlling Certain Activities By Rule. The proposed rules will implement recent legislative changes and establish the procedures the commission will use to develop and issue and general permits as well as the procedure to authorize discharges under the terms of any general permit. (Tom Weber) (Rule Log No. 97151-205-WT) |
| Item 31. | Docket No. 97-0767-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 309, Sections 309.1-309.4 and 309.10-309.14, concerning effluent quality limitations for treated domestic sewage and the minimum standards for the location of domestic wastewater treatment facilities. The proposed amendments would provide added flexibility to those regulated by the rule by clarifying allowances for case-by-case reviews, updating language to meet current permitting practices, and updating current domestic effluent limitations. (Randall Wilburn) (Rule Log No. 96107-309-WT) |
| Item 32. | Docket No. 97-1077-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 33. | Docket No. 97-1078-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 34. | Docket No. 1079-EXE. The Commissioners will meet in Closed Session to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Internal Auditor of the Texas Natural Resource Conservation Commission under Section 551.074 of the Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in Open Session to take action on these matters as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code. |
| Item 35. | Docket No. 97-1069-MWD. Consideration of Gary Goldstein's request for an Order authorizing commencement of construction of a wastewater treatment and disposal facility located 3000 feet west of the instersection of Newhall Lane and Bee Caves Road and approximately 2.0 miles west of the intersection of Capital of Texas Highway 360 and Bee Caves Road in Travis County, Texas prior to its application for a wastewater discharge permit. The proposed authorization to construct would not permit the treatment or discharge of any wastewater. (Tim Amberboy/Phillip Urbany). |
| Item 36. | Docket No. 96-1974-PWS-E. Consideration of rehearing and withdrawal of a previously approved Default Order assessing administrative penalties and requiring certain actions of Robert Craft dba Stiff Creek Mobile Home Park in Collin County; PWS No. 0430073; 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. (Hodgson Eckel) |
| Item 37. | Docket No. 97-1039-RUL. Consideration for publication and hearing on proposed revisions to 30 TAC Chapter 115, Subchapter A, Section 115.10, concerning Definitions; and proposed revisions to Subchapter E concerning Solvent-Using Processes-Surface Coating Processes, including new Section 115.420 and revisions to Sections 115.421-115.423, 115.426, 115.427, and 115.429; and revisions to the State Implementation Plan regarding these proposed revisions. These revisions will add wood furniture coating rules and ship building/ship repair coating rules which are based upon two Control Techniques Guideline guidance documents issued by the United States Environmental Protection Agency. (Eddie Mack) (Rule Log No. 97131-115-AI) |
| Item 38. | Docket No. 97-1009-CON. | A resolution authorizing the Executive Director to enter into a contract with Texas Rural Water Association for $1,066,600. The Contract is for services to administer the TNRCC Water Utility Division, State of Texas, Source Water Protection Program and Drinking Water Sampling Program. (Lara Nehman/Melvin Wrenn) |
| Item 1. | 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 2. | Docket No. 96-0751-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tommy Moss Corporation and Mr. Tajdin Momin in Galveston County; Enforcement Identification No. 4996 (formerly E11237); for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, Texas Health and Safety Code, Chapter 382, and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman) |
| Item 3. | Docket No. 97-0767-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 309, Sections 309.1-309.4 and 309.10-309.14, concerning effluent quality limitations for treated domestic sewage and the minimum standards for the location of domestic wastewater treatment facilities. The proposed amendments would provide added flexibility to those regulated by the rule by clarifying allowances for case-by-case review, updating language to meet current permitting practices, and updating current domestic effluent limitations. (96107-309-WT) (Randall B. Wilburn). |
| Item 4. | Docket No. 97-1009-CON. Consideration to authorize the Executive Director to enter into a contract for an amount up to $1.9 million. The Contract is for services to administer the TNRCC Water Utility Division, State of Texas, On-Site Assistance Program, Wellhead Protection Program, and Drinking Water Sampling Program. (Lara Nehman/Melvin Wrenn) |
| Item 5. | Docket No. 97-0903-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 E. I. DuPont de Nemours and Company and Lyondell Petrochemical Co. in Victoria County, Texas. 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 6. | Docket No. 97-0934-SPF. Consideration of an administrative order to conduct remedial design/remedial action and post- closure activities at the Houston Scrap State Superfund Site in Houston, Harris County, Texas. (Trey Collins and Lara Nehman) |
| Item 7. | Docket No. 96-0594-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southwestern Water Corporation in Hays and Travis Counties; PWS Nos. 2270166, 2270054, and 2460026; CCN Nos. 10741 and 20710; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and for utility violations pursuant to Chapter 13 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Guy Henry) |