MCBEE
MARQUEZ
BAKER

AGENDA

Wednesday, September 27, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35


UNCONTESTED (Class 2 Modification to Industrial Hazardous Waste Permit)

Item 1. Docket No. 95-1379-IHW. Consideration of an application by DIAMOND SHAMROCK REFINING COMPANY, L.P. for Class 2 Modification to Permit No. HW-50100 in accordance with 30 TAC Section 305.69. The permit authorizes operation of an industrial hazardous waste management facility. The permit modification authorizes relocation of an upgradient monitoring well (MW-109) approximately 125 feet north of the current location. The facility is located two blocks south and three blocks west of the intersection of U.S. Highway 281 and State Highway 72 in Three Rivers, Live Oak County, Texas. (Kari Bourland)

Issue Class 2 Mod, RM/JB

UNCONTESTED (District Matter)

Item 2. Docket No. 95- 0600- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY ROLLING CREEK UTILITY DISTRICT OF HARRIS COUNTY FOR APPROVAL TO LEVY A STANDBY FEE. For Commission consideration. Applicant requests Commission approval of a non- uniform debt service standby fee not to exceed $358,202 per year (ranging from $10.00 to $236 per ESFC per year on approximately 2,210 total vacant ESFCs) and a uniform O & M standby fee not to exceed $154,351 per year ($69.84 per ESFC per year on approximately 2,210 vacant ESFCs) for calendar years 1995, 1996, and 1997. (Robert Ferguson)


Approve Staff Recommendation, RM/JB


CONTESTED (Superfund)

Item 3. Docket No. 95- 1356- SPF. Consideration of authorizing the Executive Director to amend a contract with Lockwood, Andrews, & Newnam, Inc. for professional engineering services for Precision Machine & Supply state superfund site.

Approved, JB/RM

Item 4. Docket No. 95-1373-SPF. Consideration of an administrative order to conduct remedial design/remedial action and post-closure activities at the Aztec Mercury State superfund Site in Alvin, Brazoria County, Texas. (Ellen Wenzel)

Approve Staff Recommendation, RM/JB

CONTESTED (Petroleum Storage Tank Enforcement)

Item 5. Docket No. 95- 0305- PST- E. Consideration of a TNRCC Default Order for violations of TNRCC rules relating to petroleum storage tanks and assessing administrative penalties and requiring certain actions of Bill Rainey. (Raymond C. Winter).

Issue Default Order, RM/JB

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 6. Docket No. 95- 1371- IHW-E. Consideration of a Federal Facility Compliance Act Agreed Order and Compliance Plan requiring certain actions of the United States Department of Energy Pantex Plant concerning the storage, treatment and disposal of mixed waste. (Lisa Roberts)

Approve Staff Recommendation, RM/BM

CONTESTED (Public Water Supply Enforcement)

Item 7. Docket No. 94- 1011- PWS- E. Consideration of an agreed order resolving an enforcement action against Ravenna- Ninnelee Water Supply Corporation for violations of the Texas Health and Safety Code, Chapter 341, Subchapter C, the Texas Water Code and the Rules of the Texas Natural Resource Conservation Commission: assessing administrative penalties and requiring certain actions of Ravenna- Nunnelee Water Supply Corporation. (SHEPHERD)

Issue Agreed Order, RM/JB

CONTESTED (Agency Report)

Item 8. Docket No. 95- 1372- RPT. Discussion of an Agency Report on Enforcement Actions from various programs including Agriculture, Air, Industrial & 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. (Anne Dobbs/John Riley).

No Action Required

CONTESTED (Rules)

Item 9. Docket No. 95- 1326- RUL. Consideration for adoption of an amendment to 30 TAC Chapter 330, Subchapter A, Section 330.4(r), concerning General Information and new 30 TAC Chapter 330, Subchapter E, Concerning Liquid Waste Transfer Facilities for Municipal Solid Waste. If adopted the rule will allow the authorization of these facilities through notification in lieu of permitting. Design and operational standards will be established by the new rule. The proposed rules were published in the July 11, 1995, issue of the Texas Register (20 TexReg 5049). (Wayne Lee/239- 6815).

Continued to October 11, 1995

Item 10. Docket No. 95- 1115- RUL. Consideration for publication and hearing of proposed amendments to 30 TAC Chapter 116, Subchapter F, Sections 116.610, 116.617, new 116.620 and 116.621, concerning Standard Permits. The proposed amendments and new Section 116.620, concerning Installation and/or Modification of Oil and Gas Facilities, and Section 116.621, concerning Municipal Solid Waste Landfill, would renumber the standard permits. New Section 116.621 would establish a standard air permit for a Municipal Solid Waste Landfill with new, amended, or modified municipal solid waste permits. (Monica Pesek, David Schanbacher).

Approve Staff Recommendation, JB/RM

CONTESTED (Affirm, Modify, or Set Aside, Emergency Order)

Item 11. Docket No. 95-1089-UCR. The commission will determine whether emergency order no. 95-1089-UCR, issued to North Alamo Water Supply Corporation should be affirmed, modified, or set aside.

Affirm Emergency Order, RM/BM

CONTESTED (Hearing Request)

Item 12. Docket No. 95-1405-AGR. APPLICATION BY C & W MANHATTAN ASSOCIATES for an amendment to Permit No. 03527 to authorize the disposal of waste and wastewater from a dairy. The amendment is to increase the capacity from a maximum of 600 head to a maximum of 990 dairy cows on an average daily basis. The waste treatment facilities include 2 storage ponds for washdown water, flushwater and stormwater retention. Wastewater is disposed by irrigation on agricultural land. Manure and solids are applied as fertilizer on agricultural land. The dairy is located on the west side of Farm-to-Market Road 3176. The site is approximately 2 miles north of the intersection of Farm-to-Market Road 3176 and Farm-to-Market Road 462 in Frio and Medina Counties, Texas. The Commission will consider the application and any hearing requests or protests.

Issue Amendment and withdraw hearing request, JB/RM

CONTESTED (Proposal for Decision)

Item 13. Docket No. 95- 0234- AGR. Consideration of Examiner's Proposal for Decision and Order concerning the application of Steve Byl dba Dutch Cowboy Dairy for an amendment to Permit No. 03316 to authorize disposal of solid waste as fertilizer and wastewater by irrigation on agricultural land from a dairy operation with 500 milking head and a maximum of 700 total head in Erath County, Texas and Segment No. 1226 of the Brazos River Basin. Recommendation: Issuance of Permit. (Alexandre Bourgeois)

Adopt Examiners Proposal for Decision and Issue Order, RM/JB

EXECUTIVE SESSION

Item 14. Docket No. 95-1406-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 15. Docket No. 95-1407-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

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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, September 27, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35



Item 16. Docket No. 95-1408-RUL. Consideration for publication of proposed new and amended 30 TAC Chapter 330, Subchapter O, Sections 330.561-330.569, concerning Guidelines for Regional and Local Solid Waste Management Plans. The proposed rules would establish procedures and requirements for the distribution of municipal solid waste disposal fee revenue to regional planning agencies, and would establish a requirement to include an inventory of existing and closed landfills in regional and local solid waste management plans. The new rules are proposed to implement changes required by House Bill 3072, 74th Legislature. (Dan Eden).

Approve Staff Recommendations, RM/BM

Item 17. Docket No. 95-1415-RUL. Consideration for publication of amendments to 30 TAC Chapter 335, Subchapter A, concerning Industrial Solid Waste and Municipal Hazardous Waste in General, Subchapter B, concerning Hazardous Waste Management General Provisions, Subchapter F, concerning Permitting Standards for Owners and Operations of Hazardous Waste Storage, Processing, or Disposal Facilities, Subchapter H, concerning Standards for the Management of Specific Wastes and Specific Types of Facilities, Subchapter J, concerning Industrial Solid Waste and Hazardous Waste Fee System, Subchapter R, concerning Waste Classification. The proposed rules would exempt certain activities from regulation, delete reporting requirements for certain small generators and adopt limited federal restrictions on land disposal of hazardous waste. (Hygie Reynolds X6825).

Approve Staff Recommendations, JB/RM

Item 18. Docket No. 95-1418-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 277, Sections 277.10, 277.12, and 277.20, concerning Use Determinations for Tax Exemptions for Pollution Control Equipment. The proposed rules would streamline the application process for the determination of a property's qualification as tax exempt pollution control equipment and modify the application fee structure. (Sam Wells)

Approve Staff Recommendations, RM/JB

Item 19. Docket No. 95-1421-RUL. Consideration of petition for rulemaking to adopt a new 30 TAC Chapter 263, Section 263.88, regarding Involvement by Former Employee. Approval of this petition would begin rulemaking to define the requirements of, and create a good faith exception to, Texas Health & Safety Code Ann. [[section]] 361.0885. The staff recommends denial of this petition. (Randall Terrell)

Continued to October 4, 1995

Item 20. Docket No. 95-1419-RUL. Consideration for publication of and hearing on amendments to 30 TAC Chapter 116, Subchapter A, concerning Definitions, and Subchapter B, concerning Permit Application. The proposed amendments would modify air permit application procedures and evaluation criteria to provide more flexibility for facilities to alter processes and emissions without Commission review. The amendments are proposed in response to changes required by Senate Bill 1126, 74th Legislature. (Thomas Ortiz)

Approve Staff Recommendations, RM/JB

Item 21. Docket No. 95-1282-RPT. Consideration of a report, and staff recommendations, on 30 tac Chapter 122, concerning Federal Operating Permits. Staff recommends initiating rulemaking to modify the operating permit program, and seeks permission to request the U.S. Environmental Protection Agency delay final approval of the interim Texas program.

Approve Staff Recommendations, RM/JB

Item 22. Docket No. 95-1424-AUD. Consideration of FY 96 - 97 Enteral Audit Plan. (Caroline Beyer)

Approve Audit Plan, BM/RM

Item 23. Docket No. 95-1422-EXE. The Commissioners will meet in executive session to discuss the appointment of the General Counsel, as permitted by Section 551.074 of the Texas Open Meetings Act, codified as Chapter 551 of the Government Code. The Commission may also meet in open session to consider the appointment of the General Counsel.

Accept Resignation of David Bolduc and Appointment of Geoff Connors, BM/RM

Item 24. Docket No. 95-1423-EXE. The Commissioners will meet in executive session to discuss the employment of staff to assist the individual Commissioners, as permitted by Section 551.074 of the Texas Open Meetings Act, codified as Chapter 551 of the Government Code. The Commission may also meet in open session to consider the employment of staff.

Authorize Commissioners to Appoint their own Executive Assistants, BM/RM
OLD BUSINESS AGENDA

Wednesday, September 27, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Bldg E. Room 201S
12118 N. Interstate 35


Item carried forward from agenda of May 10, 1995 and July 12, 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)

Continue to October 11, 1995

Item carried forward from Agenda of August 23, 1995.

Item 2. Docket No. 95-1193-UIC. Consideration of an application by INTERCONTINENTAL ENERGY CORPORATION for an amendment to the production area authorization for Production Area No. 1 under existing Permit No. UR02108-011 at its Zamzow in situ uranium mine site. The proposed amendment would revise restoration values for sodium, carbonate, bicarbonate, fluorite, pH, conductivity, alkalinity, arsenic, uranium, molybdenum, ammonia and radium-226. The proposed values will not change the use category of the water. Prior to mining, the water in the production area was used for livestock. Intercontinental Energy Corporation has met the following criteria set forth in 30 TAC 331.107(f)(2) for an amendment to restoration table values: a) reasonable efforts have been taken by the company to restore the aquifer; b) the formation water in the aquifer is suitable for any use to which it was suitable prior to mining; and c) further restoration efforts would consume energy, water, or other natural resources of the state without providing a corresponding benefit to the state. The Zamzow site is approximately eight (8) miles east of Three Rivers, Texas in southern Live Oak County. The production zone is in the Oakville Sand at a depth of 135 to 225 feet or approximately 65 to 130 feet below sea level. (John Santos)

Approve, BM/RM

Item carried forward from Agenda of August 30, 1995.

Item 3. Docket No. 95-1252-UIC. Consideration of an application by USX CORPORATION for an amendment to the production area authorization for Production Area No. 4 under existing Permit No. UR01890-041 at its Moser in situ uranium mine site. The proposed amendment would revise restoration values for arsenic, calcium, cadmium, iron, lead, manganese, magnesium, molybdenum, uranium, TDS, alkalinity, bicarbonate, fluoride, sulfate, and radium-226. The proposed values will not change the use category of the water. Prior to mining, the water in the production area was used for livestock. USX Corporation has met the following criteria set forth in 30 TAC 331.107(f)(2) for an amendment to restoration table values: a) reasonable efforts have been taken by the company to restore the aquifer; b) the formation water in the aquifer is suitable for any use to which it was suitable prior to mining; and c) further restoration efforts would consume energy, water, or other natural resources of the state without providing a corresponding benefit to the state. The Moser site is in Live Oak County approximately 10 miles southwest of George West, Texas and 50 miles northwest of Corpus Christi, Texas. The production zone is in the Lower Oakville Formation at a depth of approximately 230 to 280 feet. (John Santos)

Remand to Staff for 6 Months

Item carried forward from Agenda of September 13, 1995 and September 20, 95.

Item 4. Docket No. 95-1354-EXE. The Texas Natural Resource Conservation Commission will meet in closed session to discuss (1) the following pending litigation: Tejas Testing Technology One, L.C. and Tejas Testing Technology Two, L.C. v. Texas Natural Resource Conservation Commission, John Hall, Ralph Marquez, Pam Reed, Dan Pearson, Dan Morales and the Texas Department of Public Safety, Cause No. 95-05307, in the State District Court of Travis County, Texas, and (2) legal matters with respect to the contracts between the TNRCC and Tejas Testing Technology One, Tejas Testing Technology Two, L.C., and MARTA Technologies, Inc. The authority for the closed session is Section 551.071 of the Open Meetings Act, Chapter 551 of the Government Code. The Act requires the Commission to reconvene in open session prior to taking any vote or making any decision. The Commission may meet in open session to take official action concerning these matters, including action on the contracts.

No Action Taken