MARQUEZ
REED - ABSENT
AGENDA
Wednesday, July 12, 1995
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Bldg E. Room 201S
12118 N. Interstate 35
UNCONTESTED (Class 3 Modification to Industrial Hazardous Waste Permits)
Item 1. Docket No. 95-1052-IHW. Consideration of an application by ELF ATOCHEM NORTH AMERICA, INC. - HOUSTON for a Class 3 Modification to Permit No. HW-50214 in accordance with 30 TAC Section 305.69. The permit authorizes operation of an industrial solid waste storage and processing facility for the management of hazardous and Class I non-hazardous industrial solid waste. The permit modification authorizes revision to the following: name and ownership, authorized capacities of tanks, waste stream codes, contingency plan and waste analysis plan, legal description of plant site, adjacent landowners list, and cost estimate for closure. The facility is located on approximately 21.061 acres at 2231 Haden Road, south of Interstate 10 and east of the Interstate 610 Loop in Houston, Harris County, Texas. (Kari Bourland)
Approved, RM/JH
Item 2. Docket No. 95-1054-IHW. Consideration of an application by SAFETY-KLEEN CORPORATION - ORANGE for a Class 3 Modification to Permit No. HW-50257 in accordance with 30 TAC Section 305.69. The permit authorizes operation of an industrial solid waste storage and processing facility for the management of hazardous and Class I non-hazardous industrial solid waste. The permit modification authorizes the construction of two existing tanks, one proposed tank, and two existing container storage areas. The facility is located at 3304 Womack Road on the northwest side of State Highway 62 in an unincorporated part of Orange County, Texas. (Kari Bourland)
Approved, RM/JH
UNCONTESTED (Class 2 Modification to Industrial Hazardous Waste Permits)
Item 3. Docket No. 95-1053-IHW. Consideration of an application by PHILLIPS 66 COMPANY - BORGER COMPLEX for Class 2 Modification to Permit No. HW-50078 and Compliance Plan No. CP-50078 in accordance with 30 TAC Section 305.69. The permit authorizes operation of an industrial solid waste storage, processing, and disposal facility for the management of hazardous and Class I, Class II, Class III non-hazardous industrial solid waste. The compliance plan authorizes corrective action and ground-water monitoring at the facility. The permit/compliance plan modifications authorize the following: (1) removal of the Filter Slurry Pond from the corrective action and ground-water monitoring requirements of the compliance plan to the post-closure care detection monitoring program of the permit; and (2) updates concerning frequency of ground-water monitoring, replacement of three ground-water recovery wells, and addition of a fourth ground-water recovery well. The facility is located on approximately 2,500 acres adjacent to State Highway Spur 119, approximately 2 miles north of the City of Borger in Hutchinson County, Texas. (Kari Bourland)
Approved, RM/JH
Item 4. Docket No. 95-1055-IHW. Consideration of an application by FINA OIL AND CHEMICAL COMPANY - BIG SPRING for a Class 2 Modification to Permit No. HW-50140 in accordance with 30 TAC Section 305.69. The permit authorizes operation of an industrial solid waste storage and processing facility for the management of hazardous and Class I, Class II, and Class III non-hazardous industrial solid waste. The permit modification authorizes an increase in the maximum allowable selenium concentration in Land Treatment Unit H. The facility is located on approximately 1167.91 acres near the intersection of Interstate Highway 20 and Refinery Road in Big Spring, Howard County, Texas. (Kari Bourland)
Approved, RM/JH
Item 5. Docket No. 95-1056-IHW. Consideration of an application by UNION OIL COMPANY OF CALIFORNIA for a Class 2 permit modification to Permit No. HW-50157 in accordance with 30 TAC Section 305.69. The permit authorizes operation of an industrial solid waste storage and processing facility for the management of hazardous waste. The permit modification authorizes change to the location of an upgradient monitoring well and to the contingency plan and inspection schedule due to the cessation of refinery operations. The facility is located on approximately 560 acres on the north side of FM 366, approximately 1500 feet east of the intersection of FM 366 and State Highway 347, adjacent to the City Nederland, Jefferson County, Texas. (Kari Bourland)
Approved, RM/JH
UNCONTESTED (District Matters)
Item 6. Docket No. 95- 0738- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING AN APPLICATION FROM HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 215 FOR AN EXTENSION OF BOND APPROVAL; $2,100,000 BOND ISSUE APPROVED JULY 15, 1993; FIRST EXTENSION APPROVED JULY 8, 1994. For Commission consideration. Applicant requests approval of an extension of bond approval for one year. (Robert Ferguson)
Approved, JH/RM
Item 7. Docket No. 95- 0448- DIS. CONSIDERATION OF A PROPOSED ORDER ACTING ON THE APPLICATION BY NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 23 FOR APPROVAL OF THE RELEASE OF $15,000 FROM AN ESCROW ACCOUNT AND USE OF $15,330 IN SURPLUS FUNDS. For Commission consideration. Applicant requests Commission approval of the release of funds from an escrow account and to use surplus funds for water plant improvements. (Robert Ferguson)
Approved, JH/RM
Item 8. Docket No. 95- 0457- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING PETITION BY DEL WEBB CORPORATION FOR DISSOLUTION OF WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 7. For Commission consideration. Applicant requests that the Commission dissolve the District. (Cynthia Cartwright)
Approved, JH/RM
Item 9. Docket No. 95- 0458- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING PETITION BY DEL WEBB CORPORATION FOR DISSOLUTION OF WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 8. For Commission consideration. Applicant requests that the Commission dissolve the District. (Cynthia Carthwright)
Approved, JH/RM
Item 10. Docket No. 95- 0573- DIS. CONSIDERATION OF PROPOSED ORDER APPROVING THE APPLICATION BY FIRST COLONY MUNICIPAL UTILITY DISTRICT NO. 9 OF FORT BEND COUNTY FOR APPROVAL OF A $3,750,000 UNLIMITED TAX AND REVENUE BOND ISSUE, SIXTH ISSUE, 6.71% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests that the Commission approve a $3,750,000 Unlimited Tax and Revenue Sixth Bond Issue to fund expansion of District facilities. (Robert Ferguson)
Approved, JH/RM
Item 11. Docket No. 94- 0703- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY PORT O'CONNOR MUNICIPAL UTILITY DISTRICT OF CALHOUN COUNTY FOR APPROVAL OF $2,653,000 REVENUE BONDS, FIRST ISSUE, 5.0% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests approval of a bond issue to finance costs of an existing water system, water system improvements, construction of a wastewater collection system, and a wastewater treatment plant. (Robert Ferguson)
Approved, JH/RM
Item 12. Docket No. 95- 0444- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 106 FOR APPROVAL OF $3,025,000 UNLIMITED TAX BONDS, FIRST ISSUE, 7.66% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests approval of a bond issue to finance master utility district connection fees and water, wastewater & drainage facilities for Greatwood Forest Sections 1 & 3. (Robert Ferguson)
Approved, JH/RM
Item 13. Docket No. 95- 0426- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 211 FOR APPROVAL OF $1,190,000 UNLIMITED TAX BONDS, 8.67% NET EFFECTIVE INTEREST RATE, SERIES 1995, SECOND ISSUE; For Commission consideration. Applicant requests Commission approval for the issuance of $1,190,000 in unlimited tax bonds to finance utility facilities within the District. (Robert Ferguson)
Approved, JH/RM
Item 14. Docket No. 95-0398-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY FRISCO MUNICIPAL UTILITY DISTRICT NO. 1 OF COLLIN AND DENTON COUNTIES FOR APPROVAL OF $2,425,000 UNLIMITED TAX BONDS, SECOND ISSUE, 8.17% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests approval of a bond issue to finance a portion of a water plant, water main construction, wastewater trunk mains, and utilities to serve residential and commercial areas of the District. (Robert Ferguson)
Continued to August 30, 1995 to Contested Agenda
Item 15. Docket No. 95- 0360- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 109 FOR APPROVAL OF $2,570,000 UNLIMITED TAX BONDS, FOURTH ISSUE, 7.41% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests approval of a bond issue to finance master utility district connection fees and water, wastewater & drainage facilities for Greatwood Bend and Greatwood Forest Sections 1 & 2. (Robert Ferguson)
Approved, JH/RM
UNCONTESTED (Water Utility Matter)
Item 16. Docket No. 95- 0996- UCR. Approval of City of Coppell to Amend Water Certificate of Convenience and Necessity No. 10063 and to Decertify a Portion of CCN No. 12032 of Steven J. Sherwood and Byron L. Williams, a General Partnership dba Creekside Utilities in Dallas and Denton Counties, Texas. (Application # 30713- C, Darrell Nichols) Approval of City of Coppell to Amend Sewer Certificate of Convenience and Necessity No. 20020 and to Decertify a Portion of CCN No. 20670 of Steven J. Sherwood and Byron L. Williams, a General Partnership dba Creekside Utilities in Dallas and Denton Counties, Texas. (Application # 30714- C, Darrell Nichols)
Approved, RM/JH
UNCONTESTED (Irrigators Advisory Council)
Item 17. Docket No. 95-1057-MIS. Consideration for appointment, four individuals to fill unexpected vacancies on the Texas Irrigators Advisory Council. The purpose of this council is to advise the commission on matters regarding the administration of the Landscape Irrigator and Installer Licensure Program, Senate Bill 2. (Doretta A. Conrad)
Approve Staff Recommendation, RM/JH
CONTESTED (Superfund Enforcement)
Item 18. DOCKET #95- 0992- SPF- E. Consideration of Agreed Order for a remedial investigation and feasibility study in the matter of the site known as American Zinc State Superfund Site. (Michael Bame)
Issue Agreed Order, RM/JH
CONTESTED (Public Water Supply Enforcement)
Item 19. DOCKET NO. 95- 0619- PWS- E. Consideration of an agreed order resolving an enforcement action against Chemical Research & Licensing Company for violations of the Texas Health and Safety Code, Chapter 341, Subchapter C and the rules of the Texas Natural Resource Conservation Commission; assessing administrative penalties and requiring certain actions of Chemical Research & Licensing Company. (Katharine Wheatley)
Issue Agreed Order, RM/JH
Item 20. DOCKET NO. 95- 0463- PWS- E. Consideration of an agreed order resolving an enforcement action against the Trinity Bay Conservation District for violations of the Texas Health and Safety Code, Chapter 341, Subchapter C and the rules of the Texas Natural Resource Conservation Commission; assessing administrative penalties and requiring certain actions of the Trinity Bay Conservation District.
Issue Agreed Order, RM/JH
CONTESTED (Industrial Waste Discharge Enforcement)
Item 21. Docket No. 94- 0378- IWD- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Pilgrim's Pride Corporation, Randee Corporation, Winston Land & Cattle Company, and John R. Winston, Jr.; SWR Nos. 31660, 408977, and 39904 for Industrial Waste violations, No permit for Water Quality violations, and Account Nos. AC- 0074- P, TF- 0011- F, and AC- 0043- A, for Air Quality violations. (Paul Sarahan)
Issue Agreed Order, JH/RM
CONTESTED (Industrial Hazardous Waste Enforcement)
Item 22. Docket No. 94- 0332- IHW- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Olin Corporation; SWR No. 30795, for I&HW violations. (Paul Sarahan)
Issue Agreed Order, RM/JH
Item 23. Docket No. 95- 0345- IHW- E. Consideration of a Texas Natural Resource Conservation Commission Order assessing administrative penalties and requiring certain actions of EG&G Automotive Research, Inc.; Solid Waste Registration No. 69022. (James Eblen)
Issue Agreed Order, RM/JH
CONTESTED (Municipal Waste Discharge Enforcement)
Item 24. Docket No. 95- 1060- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of the City of Beeville in Bee County, TNRCC Permit No. 10124- 002. (Merrilee Roberts, Guy Henry)
Issue Agreed Order, RM/JH
Item 25. Docket No. 94- 0604- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Montgomery County Municipal Utility District No. 56 pursuant to Texas Water Code Chapter 26, No TNRCC Permit. Montgomery County, Texas (Guy Henry/Thomas)
Issue Agreed Order, RM/JH
Item 26. Docket No. 94- 0534- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of the City of Trenton pursuant to Texas Water Code Chapter 26; TNRCC Permit No. 10704- 01. Fannin County, Texas. (Guy Henry/Thomas)
Continued to July 26, 1995
Item 27. Docket No. 95- 0217- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of North Texas Municipal Water District pursuant to Texas Water Code Chapter 26; TNRCC Permit No. 12047- 001. Rockwall County, Texas. (Guy Henry/Meyer)
Continued to July 26, 1995
CONTESTED (Petroleum Storage Tank Enforcement)
Item 28. Docket No. 95- 1018- PST- E. Executive Director's Preliminary Enforcement Report and Petition for an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Lacey & Hollis Petroleum, Inc., for petroleum storage tank violations. (Raymond Winter)
Remand to Office Hearing Examiner's with Instructions to Office Hearing Examiner's to hold hearing after August 1995.
CONTESTED (Air Quality Enforcement)
Item 29. Docket No. 95- 0752- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Champion Technologies, Inc.; Account No. EB- 0038- F, for Air Quality violations. (Paul Sarahan)
Issue Agreed Order, RM/JH
Item 30. Docket No. 95- 0794- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Cost Plus Grocery; Account No. TA- 2254- S, for Air Quality violations. (Thomas Corwin)
Issue Agreed Order, RM/JH
Item 31. Docket No. 95- 0753- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Coastal Oil and Gas Corporation; Account Numbers HN- 0306- J, ZA-0021- B, and ZA- 0022- W, for Air Quality violations. (William C. Foster)
Issue Agreed Order, RM/JH
Item 32. Docket No. 95- 0754- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of DeBruce Grain; Account No. MR- 0020- G, for Air Quality violations. (William C. Foster)
Issue Agreed Order, RM/JH
Item 33. Docket No. 95- 0804- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of E.I. Du Pont De Nemours and Company; Account No. HG- 0218- K, for Air Quality violations. (Gregary Warmink)
Issue Agreed Order, RM/JH
Item 34. Docket No. 95- 0792- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Fleetwood Homes of Texas, Inc.; Account No. MB- 0048- R, for Air Quality violations. (Gregary Warmink)
Issue Agreed Order, RM/JH
Item 35. Docket No. 95- 0797- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of H & H Carwash; Account No. EE- 0864- A, for Air Quality violations. (Aaron DePass)
Issue Agreed Order, RM/JH
Item 36. Docket No. 95- 0757- AIR- E. Consideration of a TNRCC Agreed Order requiring certain actions of Hart Sandblasting; Account No. TA- 2651- E, for Air Quality violations. (Aaron DePass)
Issue Agreed Order, RM/JH
Item 37. Docket No. 95- 0758- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Hobbs Industries; Account No. LI- 0011- D, for Air Quality violations. (Aaron DePass)
Issue Agreed Order, RM/JH
Item 38. Docket No. 95- 0759- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of International Paper Company; Account No. CG- 0010- G; for Air Quality violations. (Kerri Rowland)
Issue Agreed Order, RM/JH
Item 39. Docket No. 95- 0760- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of J.J. Rankin's Used Cars and Trucks; Account No. TA- 1952- R, for Air Quality violations. (Paul Sarahan)
Issue Agreed Order, RM/JH
Item 40. Docket No. 95- 0766- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Lewisville Countertops, Inc.; Account No. DF- 0156- R, for Air Quality violations. (Aaron DePass)
Issue Agreed Order, RM/JH
Item 41. Docket No. 95- 0765- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Kaiser Aluminum and Chemical Corporation; Account No. GI- 0037- L, for Air Quality violations. (Gregary Warmink)
Issue Agreed Order, RM/JH
Item 42. Docket No. 95- 0767- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Lonza, Incorporated; Account No. HG- 0457- N, for Air Quality violations. (Gregary Warmink)
Issue Agreed Order, RM/JH
Item 43. Docket No. 95- 0768- AIR- E. consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Davis Nichols; Account No. CW- 0045- F, for Air Quality violations. (Paul Sarahan)
Issue Agreed Order, RM/JH
Item 44. Docket No. 95- 0799- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Parkview Metal Products, Incorporated; Account No. HK- 0046- W, for Air Quality violations. (William C. Foster)
Issue Agreed Order, RM/JH
Item 45. Docket No. 95- 0770- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Penske Truck Leasing; Account No. EE- 1048- I, for Air Quality violations. (Aaron DePass)
Issue Agreed Order, RM/JH
Item 46. Docket No. 95- 0771- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Pioneer Aggregates; Account No. WN- 0019- Q, for Air Quality violations. (William C. Foster)
Issue Agreed Order, RM/JH
Item 47. Docket No. 95- 0773- AIR- E. Consideration of a TNRCC Agreed Order requiring certain actions of Precision Techniques, Incorporated; Account No. DB- 3253- S, for Air Quality violations. (Paul Sarahan)
Issue Agreed Order, RM/JH
Item 48. Docket No. 95- 0774- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Reef Chemical; Account No. SG- 0039- W, for Air Quality violations. (Gregary Warmink)
Issue Agreed Order, RM/JH
Item 49. Docket No. 95- 0776- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Safeguard Security Services, Inc.; Account No. BG- 0689- A, for Air Quality violations. (Aaron DePass)
Issue Agreed Order, RM/JH
Item 50. Docket No. 95- 0777- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Southwest Convenience Stores, Inc.; Account Nos. EE- 0312- V, EE- 0973- R, EE- 1050- V, EE- 1155- G, EE- 1158- A, EE- 1165- D, EE- 1166- B, EE- 1171- I, EE- 1175- A, EE- 1178- R, EE- 1179- P, EE- 1181- F, EE- 1184- W, EE- 1185- U, EE- 1186- S, for Air Quality violations. (Aaron DePass)
Issue Agreed Order, RM/JH
Item 51. Docket No. 95- 0780- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Spin Dismantling, Incorporated; Account No. HG- 4659- R, for Air Quality violations. (William C. Foster)
Issue Agreed Order, RM/JH
Item 52. Docket No. 95- 0778- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Star Disposal Systems, Incorporated, a Wholly- Owned Subsidiary of Watts Trucking Services, Incorporated; Account No. HG- 1719- W, for Air Quality violations. (Gregary Warmink)
Issue Agreed Order, RM/JH
Item 53. Docket No. 95- 0781- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Valley Proteins, Incorporated; Account No. PG- 0003- C, for Air Quality violations. (Gregary Warmink)
Issue Agreed Order, RM/JH
Item 54. Docket No. 95- 0793- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Ashtola Exploration Co., Inc.; Account MI- 0026- T for Air Quality violations. (Patricia Hershey)
Issue Agreed Order, RM/JH
Item 55. Docket No. 95- 0751- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Burl's Used Cars; Account No. CP- 0319- R for air Quality violations. (Peter Gregg)
Issue Agreed Order, RM/JH
Item 56. Docket No. 95- 0803- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Class A Auto; Account No. DB- 3637- T, for Air Quality violations. (Peter Gregg)
Issue Agreed Order, RM/JH
Item 57. Docket No. 95- 0795- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of D&D Auto Sales; Account No. HG- 5213- I for Air Quality violations. (Peter Gregg)
Issue Agreed Order, RM/JH
Item 58. Docket No. 95- 0755- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Dixon Motors; Account No. HG- 9716- S for Air Quality violations. (Peter Gregg)
Issue Agreed Order, RM/JH
Item 59. Docket No. 95- 0796- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Euless Auto Sales; Account No. TA- 2840- W for Air Quality violations. (Peter Gregg)
Issue Agreed Order, RM/JH
Item 60. Docket No. 95- 0756- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of G.T. Motors; Account No. HG- 9145- S for Air Quality violations. (Peter Gregg)
Issue Agreed Order, RM/JH
Item 61. Docket No. 95- 0761- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Jim Franklin Auto Sales; Account No. EE- 1583- E for Air Quality violations. (Peter Gregg)
Issue Agreed Order, RM/JH
Item 62. Docket No. 95- 0764- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of K.C. Investments Auto Sales; Account No. TA- 2833- T for Air Quality violations. (Peter Gregg)
Issue Agreed Order, RM/JH
Item 63. Docket No. 95- 0779- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Tomball Auto Sales; Account No. HGA- 9685- E for Air Quality violations. (Peter Gregg)
Issue Agreed Order, RM/JH
Item 64. Docket No. 95- 0772- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Plantowsky's Motor Co.; Account No. HG- 9696- W for Air Quality violations. (Peter Gregg)
Issue Agreed Order, RM/JH
Item 65. Docket No. 95- 0775- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of S.S. Motors; Account No. HG- 9697- U for Air Quality violations. (Peter Gregg)
Issue Agreed Order, RM/JH
Item 66. Docket No. 95- 0798- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Hoechst Celanese Corporation; Account No. HG- 0126- Q for Air Quality violations. (Lisa Uselton Dyar)
Issue Agreed Order, RM/JH
Item 67. Docket No. 95- 0762- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Jim Miller Aircraft Painting, Incorporated; Account No. UC- 0046- C for Air Quality violations. (Lisa Uselton Dyar)
Issue Agreed Order, RM/JH
Item 68. Docket No. 95- 0769- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Paktank Corporation - Deer Park Terminal; Account No. HG- 0629- 1 for Air Quality violations. (Lisa Uselton Dyar)
Issue Agreed Order, RM/JH
CONTESTED (Staff Report)
Item 69. Docket No. 95- 1059- RPT. Staff reports on the following items as requested by Chairman Hall. Plans for implementation of the requirements of SB1125 and SB1126 concerning air permit renewals, permit related hearing requests and definition of modification of an existing facility including estimates of the resource impacts of these bills. Status of Texas' federal operating permit program and the potential changes currently under review including the extent the initial program meets or exceeds federal requirements, status of activities to streamline the Texas program and any proposed action on enhanced monitoring requirements.
No Action Required
CONTESTED (Motion for Reconsideration)
Item 70. Docket No. 95-1077-IWD. Motion for Reconsideration of the Executive Director's issuance on May 30, 1995 of permit No. 01857 to Calabrian Chemicals Corporation. Reconsideration is requested by Calabrian Chemicals Corporation, which requests an evidentiary hearing on the permit. The permit authorizes discharge of indrustrial wastewater at the company's chemical plant located in the City of Port Neches, Jefferson County, Texas. (Baker)
Grant Motion for Reconsideration and remand to Office Hearing Examiner's, JH/RM
CONTESTED (Rules)
Item 71. Docket No. 95- 1064- RUL. Consideration of petition for rulemaking for amendment of 30 TAC Chapter 115, Subchapter F, Sections 541- 549, regarding Miscellaneous Industrial Sources (degassing or cleaning of stationary, marine and transport vessels). The petition seeks to make the current degassing/cleaning rules more stringent. (Herb Williams)
Deny Petition, JH/RM
Item 72. Docket No. 95- 0987- RUL. Consideration of petition for rulemaking for amendment of 30 TAC Chapter 115, Subchapter G, Section 612, regarding Control Requirements of Consumer Products. (Brian Foster)
Approve Petition for Rulemaking, JH/RM
Item 73. Docket No. 95- 1066- RUL. Consideration of petition for rulemaking for amendment of 30 TAC Chapter 115, Subchapter C, Section 212, regarding Volatile Organic Compound Transfer Operations. (Herb Williams)
Approve Petition for Rulemaking, JH/RM
Item 74. Docket No. 95- 1065- RUL. Consideration of petition for rulemaking for amendment of 30 TAC Chapter 101, Section 101.1, concerning Definitions; and Chapter 115, Section 115.10, concerning Definitions. (Herb Williams).
Approve Petition for Rulemaking, JH/RM
Item 75. Docket No. 95- 0994- RUL. Consideration for adoption of amendments of Section 101.24 and Section 101.27, concerning Inspection Fees and Emissions Fees. (Steve Ortiz)
Approve Petition for Rulemaking, JH/RM
CONTESTED (Emergency Order)
Item 76. Docket No. 95-1089-UCR. Consideration of the City of Edinburg's request for an emergency order authorizing the provision of temporary water service to two new schools under construction by the Edinburg Independent School District within the certificated area of North Alamo Water Supply Corporation.
Remand to Executive Director
CONTESTED (Hearing Request Denial)
Item 77. Docket No. 95-1090-AIR. Consideration of Country Processing International's application for Air Quality Permit No. 26642. Recommendation: Denial of Hearing request and Issuance of Permit. (Bill Ehret)
Deny Hearing, RM/JH
CONTESTED (Examiner Items)
Item 78. Docket No. 95- 0313- AIR. Consideration of Examiner's Memorandum concerning the Application of W. A. McKenzie Asphalt Company for an amendment to Permit No. R- 207 to authorize modification of an asphaltic concrete facility in Hunt County, Texas. Recommendation: Issuance of permit. (Patricia Robards)
Adopt Examiner's Memorandum and Issue Permit, JH/RM
Item 79. Docket No 95- 0855- AIR. Consideration of Examiner's Memorandum concerning the application of Phibro Energy USA, Inc. in Galveston County, Texas. Applicant seeks affirmation of the Executive Director's Emergency Order, which authorizes use of a package boiler. Recommendation: Affirm the Order of the ED. (Sylvia McClellan)
Adopt Examiner's Memorandum and Affirm the Order of the Executive Director, JH/RM
Item 80. Docket No. 95- 0728- UCR. Consideration of the Examiner's Memorandum and Order concerning the application of Bexar Metropolitan Water District for an amendment to certificate of convenience and necessity No. 10675 and concerning the petition of Thelman Area Neighborhood Corp. for Revocation of CCN No. 10641 held by Windy's Water Works to provide water service in Bexar County, Texas. Recommendation: Dismissal of Docket. (Leslie Limes)
Adopt Examiner's Memorandum and Issue Order, JH/RM
Item 81. Docket No. 95- 0323- IWD. Consideration of Examiner's Memorandum concerning the application of Chemical Process and Production, Inc. for Permit No. 03712 which would have authorized a discharge of process wastewater in Santa Fe, Galveston County, Texas. Applicant has advised that they wish to withdraw, without prejudice, the application. Recommendation: Dismissal without prejudice. (Bill Zukauckas)
Adopt Examiner's Memorandum and Disimiss without prejudice, JH/RM
Item 82. Docket No. 95- 0358- AIR. Consideration of Examiner's Memorandum concerning the application of STAN TRANS, INC. for a renewal of Permit No. 1677 to authorize the continued operation of a tank terminal in Galveston County, Texas. Recommendation: Issuance of permit. (Alexander Bourgeois)
Adopt Examiner's Memorandum and Issue Permit, JH/RM
Item 83. Docket No. 95- 0071- UCR. Consideration of Examiner's Memorandum and Order concerning the application of Gene McCardle dba Paso View Water System for an amendment to Certificate of Convenience and Necessity No. 11841 to provide water service in El Paso County, TX. Recommendation: Adoption of agreement of parties. (Linda Sorrells)
Continued to July 26, 1995
Item 84. Docket No. 95- 0505- UCR. Consideration of Examiner's Memorandum and Order concerning the application of Cody Lewis dba Water Works I and II to increase retail water rates in Llano County, Texas. Applicant provides retail water service to approximately 69 customers. Recommendation: Adoption of agreement of parties. (Patricia Robards)
Adopt Examiner's Memorandum and Issue Order, JH/RM
Item 85. Docket No. 95- 0301- UCR. Consideration of Examiner's Memorandum and Order concerning the application of Medina Valley Water Supply Company, Inc. dba Deer Valley Water Company for a Certificate of Convenience and Necessity to provide water service in Medina County, Texas. Recommendation: Adoption of agreement of parties. (Leslie Limes)
Adopt Examiner's Memorandum and Issue Order, JH/RM
EXECUTIVE SESSION
Item 86. Docket No. 95-1091-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.
General Counsel will do agenda
Item 87. Docket No. 95-1092-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
Item 88. Docket No. 95-1081-EXE. The Texas Natural Resource Conservation Commission will hold a closed meeting to discuss the following pending litigation related to the Col-Tex Refinery state superfund site located west of Colorado City in Mitchell County, Texas: ASARCO Incorporated v. Texas Water Commission, No. 93-07736 in the District Court of Travis County, Texas, 126th Judicial District. The authority for the closed meeting is Section 551.071 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open meeting to take official action concerning this matter.
General Counsel will do agenda
CONTESTED (Resolution)
Item 89. Docket No. 95-1082-RES. Adoption of a resolution ratifying the previous agreement between the Executive Director and Fina Oil and Chemical Company, Inc. concerning the performance of a remedial investigation/feasibility study at the Col-Tex Refinery state superfund site located west of Colorado City in Mitchell County, Texas. (Ramon Dasch)
Adpot Resolution, RM/JH
(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.
OLD BUSINESS AGENDA
Wednesday, July 12, 1995
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Room 201S, Bldg E.
12118 N Interstate 35
Item carried forward from agenda of May 10, 1995.
Item 1. Docket Number 95- 0676- IHW- E. Consideration of an Agreed Order in the matter of Chaparral Steel requiring certain actions under the Solid Waste Disposal Act, Tex. Health and Safety Code Ann. Chapter 361, the Texas Water Code, TEX. WATER CODE ANN. Chapter 26, the Texas Clean Air Act, TEX. HEALTH & SAFETY CODE ANN., Chapter 382, and the rules of the TNRCC. (Glenn Hall/Raui Rao)
Continued to September 27, 1995
Item carried forward from Agenda of June 28, 1995.
Item 2. Docket No. 95- 0192- PST- E. Consideration of Examiner's Memorandum and Order Assessing Administrative Penalties and Requiring Certain Action of Big Tex Oil Company, Inc. located in Belton, Bell County, Texas. Recommendation: Issuance. (Cynthia G. Hayes).
Adopt Examiner's Memorandum and Issue Order, with changes to Finding of Fact #6. RM/JH
Item carried forward from Agenda of June 28, 1995.
Item 3. Docket No. 94- 0680- AIR. Consideration of Examiner's Proposal for Decision and Order concerning the application of Dos Republicas Resources Company, Inc. for Permit No. 21572 to authorize the construction of a coal handling and rail loadout facility at Eagle Pass Mine in Maverick County. Recommendation: Issuance of permit. (LESLIE CRAVEN)
Adopt Examiner's Proposal for Decision and Issue Order, with changes as recommended by Examiner and Staff, overrule all other exceptions, JH/RM