| Item 1. | Docket No. 98-0327-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Corde. 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. 98-0118-RUL. Consideration for publication of and hearing on proposed new 30 TAC Chapter 333, Subchapter B, Sections 333.31 through 333.43, concerning Innocent Owner/Operator Certification. The proposed new sections would enhance the implementation of HB 2776 concerning the Innocent Owner/Operator Program by establishing definitions for the program, requirements for the Innocent Owner/ Operator Application, and standards for issuing and revoking an Innocent Owner/Operator Certificate (Charles Epperson) (Rule Log No. 97156-333-WS). |
| Item 2. | Docket No. 98-0013-MWD. Request by Aviation Utilities Services, Inc. for a new permit (proposed Permit No. 13920-01) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 0.09 million 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)(C). The wastewater treatment facility will serve an approximately 70-acre development project. The plant site is located approximately 4000 feet south of the intersection of State Highway 1171 and Interstate Highway 35W, 3000 feet east of Interstate Highway 35W and 2,500 feet west of the North West Regional Airport landing strip in Denton County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. |
| (Hearing Request) |
| Item 1. | Docket No. 98-0046-IWD. Application from HARLINGEN SHRIMP FARMS, LTD. for a new permit, Permit No. 03946. The draft permit authorizes a discharge of process wastewater (pond effluent) at a rate not to exceed a daily average flow of 40 million gallons per day. The applicant operates an aquaculture facility. The facility is located adjacent to Centerline Rd., approximately 2 miles east of the intersection of Centerline Rd. and Buena Vista Road, approximately 8 miles east of the unincorporated community of Bayview, in Cameron County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Margaret Hoffman) |
| Item 2. | Docket No. 98-0147-MWD. Request by CHIRENO INDEPENDENT SCHOOL DISTRICT for a new permit (proposed Permit No. 13917-001) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 0.010 million 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)(B). The wastewater treatment facility will serve the Chireno Independent School District. The plant site is located on the north side of Farm-to-Market Road 95, approximately 1/2 mile south of the junction of Highway 21 and Farm-to-Market Road 95 in Nacogdoches County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Margaret Hoffman) |
| Item 3. | Docket No. 98-0321-IHW. Consideration of an application by Chemical Waste Management, Inc. for a Temporary Authorization to allow operation of an incinerator authorized by Permit No. HW-50212-001 under modified operation conditions during pre-trial burn testing and trial burn testing for a period of time not to exceed 720 hours. The application requests authorization to modify the caustic feed points and pH control for the absorber system, to increase the feed rate of total organic chlorine to up to 3,000 pounds per hour, to increase the volumetric gas flow rate through the secondary combustion chamber to 315,500 actual cubic feet per minute, and to feed aqueous waste to the secondary combustion chamber at a rate up to 5,000 pounds per hour. The applicant operates a commercial industrial and hazardous waste management facility located on the southern side of State Highway 73, approximately three miles west of the state highway crossing over Taylor Bayou, near Port Arthur, Jefferson County, Texas. The applicant has stated that the authorization is necessary to prevent disruption of ongoing waste management activities and to facilitate other changes to protect human health and the environment before the Commission is likely to take action a permit modification request and will result in improved management or treatment of hazardous waste already listed in the facility permit; and the activities requested for authorization comply with the standards of 40 Code of Federal Regulations Part 264. The Temporary Authorization would terminate 180 days from the date of issuance of the authorization or upon conclusion of the 720-hour pre-trial burn testing and trial burn testing period, whichever occurs earlier. (John Clegg/Angela Stepherson) |
| Item 4. | Docket No. 98-0320-IWD. Consideration of a request by Mobil Oil Corporation for an Emergency Order authorizing the discharge of partially contaminated non-process wastewater at a daily maximum flow of 1.872 MGD. The permittee has requested relief from the daily average limitations at Outfall 001 in their existing permit No. 00649 for flow, ammonia-nitrogen (as N), fluoride, and total phosphorous (as P). Additionally, the permittee requests the daily maximum limits for ammonia-nitrogen (as N) be increased to 500 mg/1 and 7806 lbs/day from levels in the existing permit. The Executive Director has recommended denial of the Emergency Order based on the potential of the proposed emergency discharge to have adverse impacts on the receiving water. (Anthony Tatu) |
| Item 5. | Docket No. 98-0319-IWD. Consideration to affirm, modify, or set aside any the action taken by the Executive Director regarding an application of an Emergency Order filed by Wyman-Gordon Forgings, Inc., to authorize an emergency discharge of 200,000 gallons per day of process wastewater, utility wastewater, domestic wastewater, and storm water runoff to an unnamed drainage ditch; thence to a Harris County Flood Control District ditch; thence to Horse Pen Creek; thence to Langham Creek; thence to Bear Creek; thence to South Mayde Creek; thence to Buffalo Bayou in Segment No. 1014 of the San Jacinto River Basin from the Cypress Steel Mill facility located at 10825 Telge Road in the town of Cypress in Harris County, Texas. (Gene Snelson/Steve Ligon) |
| Item 6. | Docket No. 98-0231-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HARRIS COUNTY UTILITY DISTRICT NO. 6 FOR APPROVAL OF A FIRE PROTECTION PLAN. For Commission consideration. Applicant requests approval of the fire protection plan and approval of a contract providing fire protection services. (TNRCC Internal Control No. 022398-D02, Sam Jones) |
| Item 7. | Docket No. 97-0788-DIS. Consideration of a Proposed Order Approving the Petition of Fort Bend County Municipal Utility District No. 9 for Dissolution. The Petitioner requests that the Commission dissolve the District pursuant to V.T.C.A., Water Code Section 49.321-49.327. The Commission will consider the Petition and the hearing request that has been filed on the petition. (TNRCC Internal Control No. 010297-D02; Angela Stepherson/Sam Jones) |
| Item 8. | Docket No. 97-0672-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jimmy Lenamond dba Big Creek West Subdivision Water System in Limestone County; PWS No. 1470032; 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. (Guy Henry) |
| Item 9. | Docket No. 96-1460-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jim Spence dba Aunt Annie’s Old Fashion Hamburger in Montgomery County; PWS Number 170053; 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. (Guy Henry) |
| Item 10. | Docket No. 95-0819-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Apache Shores Utility Corporation in Travis County; PWS No. 2270031; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code, Chapter 13 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Guy Henry) |
| Item 11. | Docket No. 97-0559-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sterling Shimp dba K & D Mobile Home Village aka K & D Mobile Home Park in Uvalde County; PWS No. 2320048; 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. (Guy Henry) |
| Item 12. | Docket No. 97-0565-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of David McCoy dba Whitewing Subdivision in Liberty County; PWS No. 1460061; for drinking water quality violations pursuant to the Texas Health & Safety Code, Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier) |
| Item 13. | Docket No. 97-0658-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Alfred Chalkey dba Arrowhead Village in Comal County; PWS No. 0460011, CNN No. 12608; for drinking water quality violations pursuant to the Texas Health & Safety Code; Chapter 341 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Adele Noel) |
| Item 14. | Docket No. 97-0560-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tim Bradberry dba Morrow Estates in Wise County; PWS No. 2490043; for drinking water violations pursuant to the Texas Health & Safety Code, Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier) |
| Item 15. | Docket No. 97-0551-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jo Ann Davis dba Jo Ann's Day Camp in Harris County; PWS No. 1012907; for drinking water quality violations pursuant to the Texas Health & Safety Code, Chapter 341 and 30 Texas Administrative Code 290 and the rules of the Texas Natural Resource Conservation Commission. (Bhasker Reddi) |
| Item 16. | Docket No. 97-0552-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Leon Springs Business & Office Park in Bexar County; PWS No. 0150441; for drinking water quality violations pursuant to the Texas Health & Safety Code, Chapter 341 and 30 Texas Administrative Code Chapter 290 and the rules of the Texas Natural Resource Conservation Commission. (Bhasker Reddi) |
| Item 17. | Docket No. 96-1029-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ruben Garansuay dba Lakeview Subdivision aka Lakeside Subdivision in Kerr County; PWS No. 1330150; for drinking water quality violations pursuant to the Texas Health and Safety Code, Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier) |
| Item 18. | Docket No. 97-0876-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of the Estate of Gerald English dba English Acres Water System in Jim Well County; PWS No. 1250033; 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 19. | Docket No. 96-0503-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Thomas Gartner dba Country Village Mobile Home Park in Brazoria County; PWS No. 0200353; 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 20. | Docket No. 97-0265-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Ali Aftab dba Super Dooper Food Mart in Harris County; PWS No. 1012943; 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 21. | Docket No. 97-0362-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Billie E. Newsom in Johnson County; Permit No. 03801; 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. (Kathy Keils) |
| Item 22. | Docket No. 97-0627-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Fred Lueck dba Aztex Dairy in Erath County; Permit No. 02953; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Claudia Chaffin) |
| Item 23. | Docket No. 97-1005-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bob Schouten dba Schouten Golden Star Dairy in Bosque County; Permit No. 03656; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves) |
| Item 24. | Docket No. 95-1672-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Quantum Tech, Inc. a.k.a. R Cube S, Inc. and Quantum Tech, L. L. C. in Harris County; Permit No. 44105 and 79511A; 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. (Kathy Keils) |
| Item 25. | Docket No. 97-0637-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Craig Penfold dba Village Oaks Mobile Home Community in Denton County; Permit No. 12667-001; 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. (Cecily Small Gooch) |
| Item 26. | Docket No. 97-0547-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Frank’s Custom Center in El Paso County; Air Account No. EE-0503-M; 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. (Tracy Harrison) |
| Item 27. | Docket No. 97-0754-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Vic Hopkins’ Paint and Body, Inc. in Dallas County; Account No. DB-4047-Q; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tracy Harrison) |
| Item 28. | Docket No. 97-0882-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Par Products in Collin County; Account No. CP-0356-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. (David Edge) |
| Item 29. | Docket No. 97-1032-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of First Motor Sales in Dallas County; Account No. DB-3394-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. (Carl Schnitz) |
| Item 30. | Docket No. 97-0482-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chemical Lime Company in Bosque County; Account No. BJ-0001-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. (Suzanne Walrath) |
| Item 31. | Docket No. 97-0569-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Buster Paving Company, Incorporated in Titus County; Account No. TF-0008-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. (Suzanne Walrath) |
| Item 32. | Docket No. 97-0765-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Elastech, Incorporated in Harris County; Account No. HX-0917-H; 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 33. | Docket No. 97-0546-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The J.D. Russell Company in Collin County; Account No. CP-0225-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. (Carl Schnitz) |
| Item 34. | Docket No. 97-0722-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cardell Kitchen & Bath Cabinetry, formerly Cardell Cabinets, Incorporated in Bexar County; Account No. BG-0395-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 35. | Docket No. 97-0892-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 36. | Docket No. 97-0904-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Alva's Collision and Refinishing in Denton County; Account No. DF-0464-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. (Kevin Cauble) |
| Item 37. | Docket No. 97-1016-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chemical Process and Production, Incorporated in Galveston County; Account No. GB-0016-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. (Sheila Smith) |
| Item 38. | Docket No. 97-0838-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of TIPCO Services in Jefferson County; Air Account No. JE-0763-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. (Adele Noel) |
| Item 39. | Docket No. 97-1021-MWD-E. Consideration of an Agreed Order requiring certain actions of the City of Palmer in Ellis County; Permit No. 13620-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer) |
| Item 40. | Docket No. 97-0718-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of TA Operating Corporation in Potter County; Permit No. 13505-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle) |
| Item 41. | Docket No. 97-0944-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Runaway Bay in Wise County; Water Quality Permit No. 10862-001; for water quality violations pursuant to the Texas Water Code 26.121 and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves) |
| Item 42. | Docket No. 97-0777-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Carrizo Springs in Dimmit County; Permit No. 10145-001; for municipal wastewater discharge violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman) |
| Item 43. | Docket No. 97-1022-MWD-E. Consideration of an Agreed Order assessing administrative penalties against The University of Texas at El Paso in El Paso County; no TNRCC Permit; for water quality violations pursuant to the Texas Water Code 26.121 and the rules of the Texas Natural Resource Conservation Commission. (Bill Main) |
| Item 44. | Docket No. 97-1054-MWD-E. Consideration of an Agreed Order requiring certain actions of the City of Dublin in Erath County; Water Quality Permit No. 10404-001; for water quality violations pursuant to the Texas Water Code 26.121 and the rules of the Texas Natural Resource Conservation Commission. (Mary Smith) |
| Item 46. | Docket No. 97-1020-MWD-E. Consideration of an Agreed Order requiring certain actions of the City of Bloomburg in Cass County; No TNRCC Permit; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer) |
| Item 47. | Docket No. 97-0653-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of First Co. in Dallas County; SWR No. 37629; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Mary Risner) |
| Item 48. | Docket No. 95-0880-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Caleb Brett, USA, Inc.d/b/a Intertek Testing Services in Harris County; SWR No. 75026; for industrial & hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, the Texas Health & Safety Code Chapter 361, the Texas Water Code Chapter 26 and the rules of the Texas Natural Resource Conservation Commission. (Thomas Greimel) |
| Item 49. | Docket No. 97-0987-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southwestern Electric Power Company in Titus County; Permit No. 01811; for industrial wastewater discharge violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman) |
| Item 50. | Docket No. 97-0525-WOC-E. Consideration of an Agreed Order requiring certain actions of the John Daniel Workman in Chambers County; Wastewater Certificate of Competency No. 205-44-8576; for occupational certification violations pursuant to Water Code ch. 26 and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison) |
| Item 51. | Docket No. 96-1953-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of G. B’s Self Serve, Inc. And Mr. Jimmy Newman; Enforcement ID No. E11716; 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 52. | Docket No. 97-1122-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kwik Industries, Inc. in Travis County; No TNRCC Permit; for violation of 30 Texas Administrative Code 213.4(a). (Laurie Eaves) |
| Item 53. | Docket No. 97-0716-SLG-E. Consideration of an Agreed Order requiring certain actions of Jeff Cummings dba Mid-Lake Septic Service in San Augustine County; No Registration No. for water quality violations pursuant to 30 Texas Administrative Code 312.4(c) and Texas Water Code 26.121 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell) |
| Item 54. | Docket No. 98-0333-RES. Consideration of a Resolution Superseding the Innovative Technology policy adopted by the Texas Natural Resource Conservation Commission at its November 10, 1993 meeting and providing for the Executive Director to develop appropriate mechanisms and procedures to promote the use of Innovative Technologies. (Dan Whittliff) |
| Item 55. | Docket No. 98-0290-RUL. Consideration of petition for rulemaking for amendments to 30 TAC Chapter 115, Subchapter F concerning Miscellaneous Industrial Sources - Degassing or Cleaning of Stationary, Marine, and Transport Vessels, Sections 115.542 and 115.545. If approved, the petition would make the current degassing/cleaning rules less restrictive by allowing a marine vessel to be disconnected sooner from the control device. The staff recommendation is to deny the petition. (Eddie Mack) (Rule Log No. 98013-115.AI.) |
| Item 56. | Docket No. 98-0251-RUL. Consideration for publication of, and hearing upon, proposed revisions to 30 TAC Chapter 114, Subchapter G, Section 114.260, concerning Transportation Conformity, and a proposed revision to the State Implementation Plan (SIP), concerning Transportation Conformity. (Cathy Stephens/Alan Henderson) (Rule Log No. 98003-114-AI) |
| Item 57. | Docket No. 97-1153-RUL. Consideration for publication of, and hearing upon, proposed revisions to 30 TAC Chapter 114, Subchapter A, concerning Definitions; Subchapter E, concerning Low Emission Vehicle Fleet Requirements; Subchapter F, concerning Vehicle Retirement and Mobile Emission Reduction Credits; and a proposed revision to the State Implementation Plan concerning this proposal. Revisions to Chapter 114 are to implement Senate Bill 681, Acts of the 75th Legislature, 1997, concerning the low emission vehicle fleet requirements. (Al Giles/Alan Henderson) (Rule Log No. 97139-114-AI) |
| Item 58. | Docket No. 98-0109-RUL. Consideration for publication of, and hearing upon, proposed new 30 Texas Administrative Code (TAC) Chapter 350, Subchapter A concerning General Information, Subchapter B concerning Affected Property Assessment, Subchapter C concerning Development of Protective Concentration Levels, Subchapter D concerning Remedy Standards, Subchapter E concerning Reports, and Subchapter F concerning Institutional Controls; new 30 TAC Chapter 37, Subchapter N concerning Financial Assurance Requirements for the Texas Risk Reduction Program rule; conforming amendments to 30 TAC Chapter 327 concerning Spill Prevention and Control, 30 TAC Chapter 331 concerning Underground Injection Control, 30 TAC Chapter 332 concerning Composting, 30 TAC Chapter 333 concerning Voluntary Cleanup Programs, 30 TAC Chapter 334 concerning Underground and Aboveground Storage Tanks, and Chapter 335 concerning Industrial Solid Waste and Municipal Hazardous Waste; and repeal of 30 TAC Section 333.11 concerning public notice requirements for the Voluntary Cleanup Program. If approved, the new Chapter 350 rule, referred to as the Texas Risk Reduction Program (TRRP) rule, would establish a uniform set of risk-based performance-oriented technical standards to guide response actions at affected properties. Specifically, the proposed rule would establish: requirements pertaining to off-site properties and leased lands; required actions when substantial changes in circumstances occur at an affected property; assessment of property affected by chemicals of concern (COCs); development of protective concentration levels for human and ecological receptors; response actions necessary to restore a property to active and productive use; requirements for post-response action care; financial assurance for post-response action care in certain circumstances; reporting requirements; and standardized deed recordation/restrictive covenant language. Proposed new 30 TAC Chapter 37, Subchapter N, the amendments to 30 TAC Chapter 327 and Chapters 331 through 335, and the repeal of Section 333.11 are conforming rule changes necessary to implement the proposed rule. (Clark Talkington, Ron Pedde, Chet Clarke) (Rule Log No. 96106-350-WS) |
| Item 59. | Docket No. 98-0168-RUL. Consideration for amendment of 30 TAC Chapter 335, Subchapter A, Section 335.28(3); adoption of a new 30 TAC Chapter 7, Section 7.117, concerning Memorandum of Understanding (MOU) between the Railroad Commission of Texas and the Texas Natural Resource Conservation Commission; and authorization for the Executive Director to sign the MOU. If adopted, the rules would repeal the current MOU between the parties, and adopt a new MOU clarifying the jurisdiction between the agencies regarding wastes from activities associated with the exploration, development, and production of oil or gas. The proposed rules were published in the December 26, 1997 issue of the Texas Register (22 TexReg 12647, 12674, and 12682). (Hygie Reynolds) (Rule Log No. 95010-335-WS). |
| Item 60. | Docket No. 98-0075-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 336, Sections 336.1, 336.2, 336.101, 336.102, 336.107, 336.201, 336.203, 336.209, 336.211, 336.213, 336.304, 336.331, 336.332, 336.334, 336.341, 336.348, 336.352, 336.356, 336.501, 336.502, 336.503, 336.512, 336.513, 336.701, 336.702, 336.802, 336.803, 336.804, 336.805, 336.806, 336.807; repeal of Sections 336.104, 336.108, 336.217, 336.357, 336.366, 336.514, 336.601-336.606, 336.613-336.629, 336.636; and proposed new Sections 336.514, 336.515, 336.517, 336.519, 336.601, 336.603, 336.605, 336.607, 336.609, 336.611, 336.613, concerning Radioactive Substance Rules; a proposed amendments to 30 TAC Chapter 305, Section 305.54, concerning Additional Requirements for Radioactive Material Licenses; and proposed amendments to 30 TAC Chapter 39, Sections 39.303-39.309, concerning Public Notice. The proposed rules would implement Health and Safety Code Chapter 401 (relating to Radioactive Materials and Other Sources of Radiation). The proposed rules would remove commission rule language related to the source material licensing and by-product disposal jurisdiction transferred to the Texas Department of Health by Senate Bill (SB) 1857, 75th Legislature, 1997, incorporate revisions and additions which are needed to maintain compatibility with the rules of the United States Nuclear Regulatory Commission; and continue with agency-wide regulatory reform efforts to simplify language and requirements. In addition, this proposed action constitutes the commission's review of the rules contained in 30 TAC Chapter 336 in accordance with the General Appropriations Act, Article IX, Rider 167, 75th Legislature, 1997. (Kathy Vail) (Rule Log No. 97154-336-WS) |
| Item 61. | Docket No. 98-0328-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 62. | Docket No. 98-0329-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 63. | Docket No. 97-0597-DIS. CONSIDERATION OF A PROPOSED ORDER GRANTING THE PETITION BY ABB VETCO GRAY, INC. ET AL FOR CREATION OF HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 366. For Commission consideration. The Commission has received a petition from ABB Vetco Gray, Inc., et al for the creation of Harris County Municipal Utility District No. 366, which would contain approximately 406,984 acres. (TNRCC Internal Control No. 050697-D03, Sam Jones) |
| Item 64. | Docket No. 98-0250-MWD. Consideration of a request by Lake LBJ Municipal Utility District (Lake LBJ MUD) for a Temporary Order authorizing the discharge of approximately 80 acre-feet of treated domestic waste water effluent in Segment No. 1406 of the colorado River from a domestic wastewater treatment operation to 75 acres of an 82 acre tract of land located approximately 3000 feet northeast of the intersection of State Highway 71 and FM 2831 in Llano County, Texas. Lake LBJ MUD has stated that the request is justified because: the proposed discharge is unavoidable to make necessary and unforeseen repairs to an effluent holding pond, there are no feasible alternatives to the proposed discharge, and the discharge will not cause significant hazard to property or unreasonable economic loss to anyone. (Anthony Tatu) |
| Item 65. | Docket No. 97-0971-MWD. PAT INGRAM has applied to the Natural Resource Conservation Commission (TNRCC) for a new permit, Permit No. 13895-001. The proposed permit will authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 0.012 million gallons per day. The wastewater treatment facility will serve the Windmill Mobile Home Park. The plant site is located approximately 1.2 miles north-east of the intersection of Interstate Highway 20 and Loop 312 in Parker County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. |
| Item 66. | Docket No. 98-0320-IWD. Consideration of a request by Mobil Oil Corporation for an Emergency Order authorizing the discharge of partially contaminated non-process wastewater at a daily maximum flow of 1.872 MGD from a drainage ditch on company property directly into the Houston Ship Channel, in Segment No. 1007 of the San Jacinto River Basin. The facility is located at 2001 Jackson Road, on the south bank of the Houston Ship Channel, in the City of Pasadena, Harris County, Texas. The permittee has requested relief from the daily average limitations at Outfall 001 in their existing permit No. 00649 for flow, ammonia-nitrogen (as N), fluoride, and total phosphorous (as P). Additionally, the permittee requests the daily maximum limits for ammonia-nitrogen (as N) be increased to 500 mg/1 and 7806 lbs/day from levels in the existing permit. The Executive Director has recommended denial of the Emergency Order based on the potential of the proposed emergency discharge to have adverse impacts on the receiving water. (Anthony Tatu) |
| Item 67. | Docket No. 98-0340-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Deputy Director, Office of 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, Chapter 551 of the Government Code. |
| Item 1. | Docket No. 98-0170-IWD. Consideration of the Motion for Reconsideration filed by the Texas Shrimp Association concerning the executive Director's January 30, 1998 approval of the Loma Alta Trust application for a shrimp research facility exemption under 30 Tex. Admin. Code Chapter 321, Subchapter O, in Willacy County. |
| Item 2. | Docket No. 98-0170-IWD. Consideration of the Motion for Reconsideration filed by the Lower Laguna Madre Foundation and Walter Kittelberger concerning the Executive Director's January 30, 1998 approval of the Loma Alta Trust application for a shrimp facility exemption under 30 Tex. Admin. Code Chapter 321, Subchapter O, in Willacy county. |
| Item 3. | Docket 98-0113-COM. Consideration of the motion for reconsideration filed by the Departement of the Navy concerning the Executive Directors, January 13, 1998 approval of Sludge Composting Resgistration No. 42013 held by the City of Corpus Christi. (Nueces County). |
| Item 4. | TNRCC Docket No. 98-0138-SLG. Consideration of motions for reconsideration filed by Jane and Dale Bohrer, Sherrie and Patrick Krebs, Michael D. Warner, and Paul M. Seagraves concerning the issuance by the Executive Director of Registration No. 710786 on January 14, 1998 to Robert Smith. The registration authorizes beneficial land application of domestic sewage at Robert Smith’s site located approximately 2,000 feet east of Farm-to-Market Road 920 and directly north of the unimproved road that is approximately 1,500 feet from the intersection of Farm-to-Market Road 2210 and Farm-to-Market Road 920 in Wise County. |
| Item 5. | TNRCC Doct No. 97-1131-DIS; SOAH Docket No. 582-97-2275: Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the Petition for Annexation of City of Allen to North Texas Municipal Water District in Collin, County, Texas. Recommendation: Approved for District Annexation - (Cynthia Hayes) |
| Item 6. | Docket No. 98-0237-WR. Consideration of Application Nos. 4237 and 4237A filed by and Permit No. 4302 issued to the City of Stephenville, the City of Glen Rose, and the County of Somerville for the construction of a dam and reservoir on the Paluxy River, a tributary of the Brazos River, and the diversion or use of water from the Paluxy River for domestic, municipal or recreational purposes. Under the permit, the dam would be located in Somerville County about 3.2 miles west/northwest of Glen Rose, Texas. On January 30, 1995, the district court of Travis County, Texas, 98th Judicial District, issued an opinion and order reversing this decision and remanding the case to the Commission for further proceedings consistent with the opinion. (Robin Smith) |
| Item 7. | Docket No. 98-0170-IWD. Consideration of the Executive Director's January 30, 1998 approval of the Loma Alta Trust application for a shrimp research facility exemption under 30 Tex. Admin. Code Chapter 321, Subchapter O (Willacy County). |