HALL

GARNER

REED

AGENDA

Wednesday, April 26, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12118 N. Interstate 35

UNCONTESTED (DISTRICT MATTERS)

Item 1. Docket No. 95- 0449- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY ROLLING FORK PUBLIC UTILITY DISTRICT OF HARRIS COUNTY FOR APPROVAL TO RELEASE ESCROWED FUNDS; $930,000 BOND ISSUE APPROVED APRIL 27, 1979. For Commission consideration. Applicant requests Commission approval for $23,000 escrow release to be deposited into its construction account. (Robert Ferguson)

Approved, PR/PG

Item 2. Docket No. 95- 0671- DIS. CONSIDERATION OF A PROPOSED ORDER GRANTING THE PETITION BY PRUSSIA ENTERPRISES, INC., FOR THE APPOINTMENT OF DIRECTORS FOR CLOVERCREEK MUNICIPAL UTILITY DISTRICT OF MONTGOMERY COUNTY FOR APPOINTMENT OF DIRECTORS. For Commission consideration. District requests appointment of (1) C. Michael Anderson, (2) Phil Nizialk, (3) George E. Walker, Jr., (4) Anthony Toubik, and (5) John Burke as directors. (Robert Ferguson)

See Item 55

Item 3. Docket No. 95- 0655- DIS. CONSIDERATION OF PROPOSED ORDER APPROVING THE APPLICATION BY HOMESTEAD MUNICIPAL UTILITY DISTRICT OF EL PASO COUNTY FOR APPROVAL OF A BOND ORDER AMENDMENT. For Commission consideration. Applicant requests that the Commission amend the Order dated March 22, 1995, approving a $450,000 Bond Issue to a revised bond amount of $513,000. (Robert Ferguson)

Approved, PR/PG

Item 4. Docket No. 95- 0606- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 5 FOR APPROVAL OF $6,410,000 IN CONTRACT REVENUE BONDS, 7.682% NET EFFECTIVE INTEREST RATE, AND $1,425,000 IN CONTRACT REVENUE BONDS, 7.714% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests approval of the issuance of separate contract revenue bonds to finance the rehabilitation of wastewater facilities in Service Area "A" and Service Area "B". (Robert Ferguson)

See Item 56

UNCONTESTED (WATER UTILITY MATTERS)

Item 5. Docket No. 95-0656-UCR. Approval of Rincon Water Supply Corporation to Amend Water Certificate of Convenience and Necessity Number 11440 in Aransas and San Patricio Counties, Texas. (Application # 30569- C, Guillermo Zevallos)

Approved, PG/PR

UNCONTESTED (SETTLED HEARING)

Item 6. Docket No. 94-0596-WR. Consideration of Examiner's Memorandum and Order concerning the application of Marvin L. Pahl for Water Use Permit No. 5407 to divert not to exceed 60 acre- feet of water per annum for irrigation purposes from South Grape Creek in the Colorado River Basin, Gillespie County, TX. Recommendation: Dismissal of petition without prejudice for lack of prosecution. (Rogan)

Adopt Examiner's Memorandum and Issue Order, PR/PG

UNCONTESTED (SUPERFUND)

Item 7. Docket No. 95- 0563- SPF. CONSIDERATION OF AN AGREED ADMINISTRATIVE ORDER AMENDMENT WITH T. H. AGRICULTURE & NUTRITION COMPANY, INC., TO COMPLETE A REMEDIAL INVESTIGATION OR SIMILAR STUDY, A BASELINE RISK ASSESSMENT, AND FEASIBILITY STUDY AT THE FORMER THOMPSON- HAYWARD CHEMICAL COMPANY, PROPOSED STATE SUPERFUND SITE LOCATED IN MUNDAY, KNOX COUNTY, TEXAS. (Peter Waterreus)

Approve Agreed Order, PG/PR

CONTESTED (AIR QUALITY ENFORCEMENT)

Item 8. Docket No. 95- 0157- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Lone Star Paint and Lacquer Manufacturing Company, Account No. RL- 0014- F, for Air Quality violations. (Kerri Rowland)

Approved, PR/PG

Item 9. Docket No. 95- 0380- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Highland Pump Company, Account No. EB- 0245- V, for Air Quality violations. (Lisa Uselton)

Approved, PR/PG

Item 10. Docket No. 95- 0384- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Melton Truck Lines, Inc., Account No. HG- 4665- W, for Air Quality violations. (Rachael Rawlins)

Approved, PR/PG

Item 11. Docket No. 95- 0388- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Pool Company (Texas), Inc., Account No. FI- 0044- I, for Air Quality violations. (Lisa Uselton)

Approved, PR/PG

Item 12. Docket No. 95- 0396- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Union Pacific Resources, Account No. PB- 0002- N, for Air Quality violations. (Lisa Uselton)

Approved, PR/PG

Item 13. Docket No. 95- 0362- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Advanced Micro Devices, Account No. TH- 0142- N, for Air Quality violations. (Rodman Johnson)

Approved, PR/PG

Item 14. Docket No. 95- 0369- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Cowboy Concrete, Account No. JE- 0059- H, for Air Quality violations. (Kerri Rowland)

Approved, PR/PG

Item 15. Docket No. 95- 0377- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of GPM Gas Corporation, Account No. HD- 0014- P, for Air Quality violations. (Kerri Rowland)

Approved, PR/PG

Item 16. Docket No. 95- 0378- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of GPM Gas Corporation, Account No. GH- 0018- D, for Air Quality violations. (Kerri Rowland)

Approved, PR/PG

Item 17. Docket No. 95- 0382- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of The Lubrizol Corporation, Account No. HG- 0459- J, for Air Quality violations. (Kerri Rowland)

Approved, PR/PG

Item 18. Docket No. 95- 0364- AIR- E. Consideration of a TNRCC Agreed Order Requiring Certain Actions of Campuzano's Auto and Truck Parts, Account No. HG- 7356- R, for Air Quality violations. (Aaron DePass)

Approved, PR/PG

Item 19. Docket No. 95- 0409- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Bethlehem Steel Corporation, Bethship- Sabine Yard, Account No. JE- 0277- S, for Air Quality violations. (Peter Gregg)

Approved, PR/PG

Item 20. Docket No. 95- 0385- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Mike Carlson Motor Company, Account Nos. TA- 2234- B and TA- 1992- F, for Air Quality violations. (Aaron DePass)

Approved, PR/PG

Item 21. Docket No. 95- 0365- AIR- E. Consideration of a TNRCC Agreed Order Requiring Certain Actions of Carroll's Auto Sales, Account No. CP- 0294- I, for Air Quality violations. (Walter Ehresman)

Approved, PR/PG

Item 22. Docket No. 95- 0381- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of James Cook Motor Company II, Account No. TA- 2480- H, for Air Quality violations. (Aaron DePass)

Approved, PR/PG

Item 23. Docket No. 95- 0367- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Circle K Corporation, Account Nos. EE- 1043- S, EE- 0798- L, and EE- 1023- B, for Air Quality violations. (Aaron DePass)

Approved, PR/PG

Item 24. Docket No. 95- 0363- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of C & R Distributing, Inc., Account No. EE- 0432- K, for Air Quality violations. (Aaron DePass)

Approved, PR/PG

Item 25. Docket No. 95- 0374- AIR- E. Consideration of a TNRCC Agreed Order Requiring Certain Actions of El Paso County Water Improvement District, Account No. EE- 1109-N, for Air Quality violations. (Aaron DePass)

Approved, PR/PG

Item 26. Docket No. 95- 0375- AIR- E. Consideration of a TNRCC Agreed Order Requiring Certain Actions of El Paso Independent School District, Account No. EE- 1105- A, for Air Quality violations. (Aaron DePass)

Approved, PR/PG

Item 27. Docket No. 95- 0376- AIR- E. Consideration of a TNRCC Agreed Order Requiring Certain Actions of Folamingo Motors, Account No. HG- 6088- D, for Air Quality violations. (Aaron DePass)

Approved, PR/PG

Item 28. Docket No. 95- 0379- AIR- E. Consideration of a TNRCC Agreed Order Requiring Certain Actions of Garray's Texaco, Account No. EE- 0804- S, for Air Quality violations. (Aaron DePass)

Approved, PR/PG

Item 29. Docket No. 95- 0383- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of McGoy's Toys For Big Boys, Account No. DF- 0321- D, for Air Quality violations. (Walter Ehresman)

Approved, PR/PG

Item 30. Docket No. 95- 0371- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of E.I. DePont De Nemours and Company, Account No. HG- 0218- K, for Air Quality violations. (Peter Gregg)

Approved, PR/PG

Item 31. Docket No. 95- 0387- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of P & H Car company, Account No. DB- 2449- G, for Air Quality violations. (Aaron DePass)

Approved, PR/PG

Item 32. Docket No. 95- 0389- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Red Bird Nissan, Account No. DB- 3196- F, for Air Quality violations. (Aaron DePass)

Approved, PR/PG

Item 33. Docket No. 95- 0390- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Sam's Southern Motors, Incorporated, Account No. DF- 0276- G, for Air Quality violations. (Walter Ehresman)

Approved, PR/PG

Item 34. Docket No. 95- 0391- AIR- E. Consideration of a TNRCC Agreed Order Requiring Certain Actikons of Shop & Go, Account No. EE- 1049- G, for Air Quality violations. (Aaron DePass)

Approved, PR/PG

Item 35. Docket No. 95- 0392- AIR- E. Consideration of a TNRCC Agreed Order Requiring Certain Actions of Socorro Independent School District, Account No. EE- 1194- T, for Air Quality violations. (Aaron DePass)

Approved, PR/PG

Item 36. Docket No. 95- 0393- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Solvay Polymers, Incorporated, Account No. HG- 0665- E, for Air Quality violations. (Walter Ehresman)

Approved, PR/PG

Item 37. Docket No. 95- 0373- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of E.I. Dupont De Nemours and Company, Account No. OC- 0007- J, for Air Quality violations. (Peter Gregg)

Approved, PR/PG

Item 38. Docket No. 95- 0372- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of E.I. DuPont De Nemours and Company, Inc., Account No. HG- 0218- K, for Air Quality violations. (Peter Gregg)

Approved, PR/PG

Item 39. Docket No. 95- 0370- AIR- E. Consideration of a TNRCC Agreed Order Requiring Certain Actions of Dallas Marble, Inc., Account No. DB- 1604- C, for Air Quality violations. (Lisa Uselton)

Approved, PR/PG

Item 40. Docket No. 95- 0386- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Occidental Chemical Corporation, Account No. NE- 0051- B, for Air Quality violations. (Peter Gregg)

Approved, PR/PG

Item 41. Docket No. 95- 0394- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Spray Booth Systems, Inc, Account No. TA- 0796- O, for Air Quality violations. (Peter Gregg)

Approved, PR/PG

Item 42. Docket No. 95- 0395- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of T.E.R.M. Builders, Inc., Account No. HG- 5046- D, for Air Quality violations. (Patricia Hershey)

Approved, PR/PG

Item 43. Docket No. 95- 0366- AIR- E. Consideration of a TNRCC Agreed Order Requiring Certain Actions of Centrifugal Castings, Incorporated, Account No. BF- 0018- S, for Air Quality violations. (Lisa Uselton)

Approved, PR/PG

CONTESTED (AGRICULTURAL ENFORCEMENT)

Item 44. Docket No. 95- 0607- AGR- E. Consideration of an Agreed Order Assessing Administrative Penalties against Wayne Pittman. (Geoof Petrov)

Issue Agreed Order, PG/PR

CONTESTED (MUNICIPAL WASTE DISCHARGE ENFORCEMENT)

Item 45. Docket No. 95- 0660- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of CMH Parks, Inc., TNRCC Permit No. 12849- 001. (Roxanne Cook)

Issue Agreed Order, PG/PR

CONTESTED (AGENCY ENFORCEMENT REPORT)

Item 46. Docket No. 95- 0585- RPT. Discussion of an Agency Report on Enforcement Actions from various programs including Agriculture, Air, Industrial and Hazardous Waste, Municipal Solid Waste, Occupational Certification, Petroleum Storage Tanks, Watershed Management, and Water Utilities. The discussion will also include a description of enforcement backlogs and prioritization for backlog elimination. (John Riley, Anne Dobbs)

No Action Required

CONTESTED (STATE IMPLEMENTATION PLAN)

Item 47. Docket No. 95- 0583- SIP. Consideration for publication of notice of and hearing upon a proposed revision to the State Implementation Plan for Milam County, as required by Section 110(a) of the Federal Clean Air Act. (Sam Wells)

Approve Staff Recommendation, PG/PR

CONTESTED (WATER RIGHT MATTER)

Item 48. Docket No. 95-0616-WR. Motion by the City of Corpus Christi (City), to amend an Order of the Commission dated March 9, 1992, which established operational procedures pertaining to the Choke Caynon- Lake Corpus Christi reservoir system, which Order was adopted pursuant to Certificate of Adjudication No. 21- 3214, Special Condition 5.B, in the Nueces River Basin. The City proposes to amend the Order to adopt an alternative reservoir system operating plan by incorporating a "Pass- Through" approach which will increase the reservoir system firm yield by an estimated 12,345 acre- feet of water per annum while at the same time will provide inflows to Nueces Bay and the Nueces Estuary in relatively the same amounts as required by the current order. (Bruce Moulton)

Approve amendment to Order, PG/PR

CONTESTED (RULES)

Item 49. Docket No. 95- 0594- RUL. Consideration for adoption of amendments to 30 TAC Chapter 330, Subchapter A, Section 330.2, regarding Definitions and Subchapter H, Section 330.203, regarding Groundwater Protection Design and Operation. If approved, the amendments will provide technically- based performance standards for those municipal solid waste landfills designed below the seasonal high groundwater table. (Clark Talkington, E.J. Bernacki)

Adopt Amendments to 30 TAC Chapter 330, JH/PG

Item 50. Docket No. 95- 0627- RUL. Consideration of authorization for public hearings on proposed revisions to 30 Texas Administrative Code Chapter 114 (Concerning Control of Air Pollution From Motor Vehicles) to adopt the current rules relating to the Inspection/Maintenance (I/M) program to the recently enacted requirements and Acts of the 74th Texas Legislature regarding the I/M program. (John Steib)

No Action Taken

Item 51. Docket No. 95- 0626- RUL. Consideration of (emergency) adoption of revisions to 30 TAC Chapter 114 (concerning control of air pollution from motor vehicles) to adapt the current rules for the Inspection/Maintenance (I/M) program to the recently enacted requirements and Acts of the 74th Texas Legislature regarding the I/M program. (John Steib)

No Action Taken

CONTESTED (PROPOSAL FOR DECISION)

Item 52. Docket No. 95-0502-MWD. Consideration of Examiner's Proposal for Decision and Order concerning the application of Daytop Village Foundation, Inc. for Permit Nos. 13645- 001 and 13683- 001 to authorize the discharge of 12,000 gallons per day of treated domestic wastewater effluent in Anderson County, Texas and Segment No. 0804 of the Trinity River Basin. Recommendation: Dismissal of applications without prejudice. (Sylvia McClellan)

Adopt Proposal for Decision and Issue Order, Overrule all Exceptions, JH/PR

EXECUTIVE SESSION

Item 53. Docket No. 95-0689-EXE. THE COMMISSION WILL MEET IN EXECUTIVE SESSION TO 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 GOV'T CODE, Sections 551.071 and 551.074, the Open Meetings Act. 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.

No Action Taken

Item 54. Docket No. 95-0690-EXE. COMMISSIONERS WILL MEET IN EXECUTIVE SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC UNDER GOV'T CODE, SECTION 551.074, the Open Meetings Act. 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.

No Action Taken

(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TNRCC AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH AS INTERPRETERS FOR PERSONS WHO ARE DEAF OR HEARING IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT (512) 239- 3317 AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA, SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.)

REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM.

ADDENDUM TO AGENDA

Wednesday, April 26, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12118 N. Interstate 35

Item 55. Docket No. 95-0671-DIS. CONSIDERATION OF A PROPOSED ORDER GRANTING THE PETITION BY PRUSSIA ENTERPRISES, INC., FOR THE APPOINTMENT OF DIRECTORS FOR CLOVERCREEK MUNICIPAL UTILITY DISTRICT OF MONTGOMERY COUNTY FOR APPOINTMENT OF DIRECTORS. For Commission consideration. District requests appointment of (1) C. Michael Anderson, (2) Phil Nizialek, (3) George E. Walker, Jr., (4) Anthony Roubik, and (5) John Burke as directors. (Robert Ferguson) (This item is posted to correct language from item #2)

Approved, PR/PG

Item 56. Docket No. 94-0606-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HARRIS COUNTY UTILITY DISTRICT NO. 5 FOR APPROVAL OF $6,410,000 IN CONTRACT REVENUE BONDS, 7.682% NET EFFECTIVE INTEREST RATE, AND $1,425,000 IN CONTRACT REVENUE BONDS, 7.714% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. The District is requesting approval of the issuance of separate contract revenue bonds to finance the rehabilitation of wastewater facilities in Service Area "A" and Service Area "B". (Ferguson) (This item is posted to correct language from item #4)

Approved, PR/PG