MCBEE
MARQUEZ
BAKER

AGENDA

Wednesday, October 11, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


UNCONTESTED (Class 3 Modification)

Item 1. Docket No. 95-1410-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 will authorize the following: (1) modification of the Maximum Allowable Emission Rates Table for Thermal Incinerator No. 1 and (2) increase of the permitted VOC emission rate and establishment of enforceable emission rates for other products of combustion. 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)

Issue Class 3 Modification, RM/BM

UNCONTESTED (Class 2 Modification)

Item 2. Docket No. 95-1439-IHW. Consideration of an application by U.S. ARMY AIR DEFENSE ARTILLERY CENTER & FORT BLISS for a Class 2 Modification to Permit No. HW-50296 in accordance with 30 TAC Section 305.69. The permit authorizes operation of an industrial solid waste storage facility for the management of hazardous wastes. The permit modification will authorize (1) reclosure of a post-closure care unit under the Risk Reduction Rules and (2) the elimination of the requirement for continued post-closure care for the unit and (3) correction of a typographical error in the Groundwater Sampling and Monitoring Plan of the issued permit. The facility is located in unincorporated portions of El Paso County, Texas and Dona Ana and Otero Counties, New Mexico. (Kari Bourland)

Issue Class 2 Modification, RM/JB

CONTESTED (Public Water Supply Enforcement)

Item 3. Docket No. 95- 1179- PWS- E. Consideration of an Agreed Order resolving an enforcement action against the City of Colmesneil for violations of the Texas Health and Saftey Code, Chapter 341, Subchpater C and the Rules of the Texas Natural Resource Conservation Commission: assessing administrative penalties and requiring certain actions of the City of Colmesneil.

Issue Agreed Order, RM/BM

Item 4. Docket No. 95- 0820- PWS- E. Consideration of an agreed order resolving an enforcement action against Melton Ballard dba Longacres Water System for violations of the Texas Health and Safety code, Chapter 341, Subchapter C, Chapter 13 of the Texas Water Code and the Rules of the Texas Natural Resource Conservation Commission; assessing administrative penalties and requiring certain actions of Melton Ballard dba Longacres Water System. (SHEPHERD)

Issue Agreed Order, RM/BM

Item 5. Docket No. 95- 1165- PWS- E. Consideration of an agreed order resolving an enforcement action against Milton Felts dba Big Bend Travel Park 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 certian actions of Milton Felts dba Big Bend Travel Park.

Issue Agreed Order, RM/BM

CONTESTED (Agricultural Enforcement)

Item 6. Docket No. 95- 0813- AGR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of F/R Cattle Company, Inc., Permit Number 03308, for violating Section 26.121 of the Texas Water Code, and Permit No. 03308. (Kathy Keils).

Issue Agreed Order, JB/RM

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 7. Docket No. 95- 1083- IHW- E. Consideration of a Texas Natural Resource Conservation Commission Order assessing administrative penalties and requiring certain actions of Merichem Company; Solid Waste Registration No. 30595 (Mohammed Moheeth/Ann Foster)

Continued to October 18, 1995

Item 8. Docket No. 95- 0587- IHW- E. Consideration of a proposed Agreed Order resolving an Enforcement Action brought against Flame Technologies, Inc. under the Texas Solid Waste Disposal Act, TEX. HEALTH AND SAFETY CODE ANN. Chapter 361 (Vernon 1992), the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission; Assessing Administrative Penalties and Requiring Certain Actions of Flame Technologies, Inc. (Bill Ballard).

Issue Agreed Order, RM/JB

CONTESTED (Petroleum Storage Tank Enforcement)

Item 9. Docket No. 94- 0053- PST- E. Consideration of a TNRCC Agreed Order for violations of TNRCC rules relating to petroleum storage tanks and assessing administrative penalties and requiring certain actions of Dahlstrom Corporation. (Raymond C. Winter).

Issue Agreed Order, JB/RM

Item 10. Docket No. 95- 1427- PST- E. Consideration of a TNRCC Agreed Order for violations of TNRCC rules relating to underground storage tanks and assessing administrative penalties and requiring certain actions of Mr. Robert Burnett. (Raymond C. Winter).
Issue Agreed Order, JB/RM

CONTESTED (Superfund Contract)

Item 11. Docket No. 95- 1383- SPF. Consideration of authorizing the Executive Director to amend a contract with OHM, Inc. for professional engineering services for the Butler Ranch State Superfund Site Remedial Investigation and Feasibility Study in Karnes County, Texas.

Continued to October 25, 1995

CONTESTED (Municipal Solid Waste Plan)

Item 12. Docket No. 95- 1370- MSW. Consideration of a proposed Regional Solid Waste Management Plan submitted by the Panhandle Regional Planning Commission. Regional Solid Waste Management Plans are required by the Texas Health and Safety Code, Chapter 363 (Comprehensive Municipal Solid Waste Management, Recovery, and Conservation Act, 1990.) (LINDA HAYNIE)

Approve Solid Waste Management Plan, RM/JB

CONTESTED (Air Quality Enforcement)

Item 13. Docket No. 95- 1240- AIR- E. Consideration of a TNRCC Agreed Order requiring certain actions of Belco Manufacturing Company; Account No. BF- 0104- B, for Air Quality violations. (Greg Warmink).

Issue Agreed Order, JB/RM

Item 14. Docket No. 95- 1261- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Timbercreek Manufacturing Plant; Account No. HV- 0123- F, for Air Quality violations. (Paul Sarahan).

Issue Agreed Order, JB/RM

Item 15. Docket No. 95- 1242- AIR- E. Consideration of a TNRCC Agreed Order requiring certain actions of F.C. Schmidt Gin; Account No. FA- 0023- M, for Air Quality violations. (Thomas Corwin).

Remand to Executive Director

Item 16. Docket No. 95- 1243- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of KMCO, Incorporated; Account No. HG- 0426- B, for Air Quality violations. (Walter Ehresman).

Issue Agreed Order, JB/RM

Item 17. Docket No. 95- 1262- AIR- E. Consideration of a TNRCC Agreed Order requiring certain actions of T.T.L., Inc.; Account No. JI- 0079- D, for Air Quality violations. (Thomas Corwin).

Issue Agreed Order, JB/RM

Item 18. Docket No. 95- 1256- AIR- E. Consideration of an Agreed Order requiring certain actions of East End Auto Sales; Account No. HG- 9817- L, for Air Quality violations. (Peter Gregg).

See Item 35

Item 19. Docket No. 95- 1255- AIR- E. Consideration of a TNRCC Agreed Order requiring certain actions of the Celotex Corporation; Account No. HG- 0128- M, for Air Quality violations. (Lisa Uselton Dyar).

Issue Agreed Order, JB/RM

Item 20. Docket No. 95- 1254- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of A & R Pre- Owned Automobiles; Account No. FG- 0455- F, for Air Quality violations. (Peter Gregg).

Issue Agreed Order, JB/RM

Item 21. Docket No. 95- 1241- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chief Auto Sales; Account No. MW- 0464- A, for Air Quality violations. (Peter Gregg).

Issue Agreed Order, JB/RM
Item 22. Docket No. 95- 1260- AIR- E. Consideration of a TNRCC Agreed Order requiring certain actions of Star Enterprise; Account No. JE- 0095- D, for Air Quality violations. (Walter Ehresman).

Issue Agreed Order, JB/RM

Item 23. Docket No. 95- 1239- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of All Saints Health System; Account No. TA- 0010- Q, for Air Quality violations. (Greg Warmink).

Issue Agreed Order, JB/RM

CONTESTED (Rules)

Item 24. Docket No. 95- 0862- RUL. Consideration for adoption of amendments to 30 TAC Chapter 101, Section 101.29, concerning Emissions Banking; and revisions to the State Implementation Plan. If approved, the rule would encourage greater use of the emissions bank by providing additional flexibility and removing disincentives for its use. The proposal was published in the Texas Register on July 11, 1995 (20 TexReg 5013). (Mike Magee).

Adopt Amendment as Recommended by Staff with changes as recommended by Chairman McBee, BM/RM

Item 25. Docket No. 95- 1417- RUL. Consideration for publication on proposed amendments to 30 TAC 330, Subchapter P, concerning Fees and Reports. The proposed rules would exempt from payment of solid waste disposal fees: (1) solid waste resulting from a public entity's cleanup of a community from the effects of a natural or man- made disaster or from structures that have been contributing to drug trafficking or other crimes if the disposal facility donates the cost of disposal of the waste to the public entity, and (2) Class I industrial waste or hazardous waste subject to fees under Health and Safety Code Section 361.136. (Eddie Molina).

Publish proposed amendments as recommended by staff, BM/RM

Item 26. Docket No. 95- 0625- RUL. Consideration for adoption of 30 TAC, Chapter 335, Subchapter K, Section 335.352, concerning Hazardous Substance Facilities Assessment and Remediation. If adopted, the rule would avoid duplication of effort by eliminating utilization of two versions of the Hazardous Ranking System. This will allow the State Superfund Program site assessment process to be consistent with the Federal Superfund Program. It would also increase the accuracy in assessing the relative degree of risk to human health and the environment posed by a facility. The proposal of this amendment was published in the June 13, 1995 issue of the Texas Register (20 TexReg 4340). (Wesley Newberry)

Approve Adoption, RM/JB

Item 27. Docket No. 95- 0744- RUL. Consideration for adoption of amendments to 30 TAC Chapter 116, Subchapter B, concerning New Source Review Permits, Nonattainment Review; and revisions to the State Implementation Plan regarding these amendments. If adopted, the state new source review of nitrogen oxide sources in nonattainment areas will be consistent with federal requirements. The proposal was published in the Texas Register on September 5, 1995 (20 TexReg 6910). (Mike Magee).

Approve Adoption, RM/JB

Item 28. Docket No. 95- 1412- RUL. Consideration for publication of proposed new 30 TAC Chapter 324, concerning Used Oil; repeal of 30 TAC Chapter 330, Subchapter Z, concerning Waste Minimization; and amendment of 30 TAC Chapter 335, Subchapter A, concerning Industrial Solid Waste and Municipal Waste in General, Subchapter C, concerning Standards Applicable to Generators of Hazardous Waste, and Subchapter H, concerning Hazardous Waste Burned for Energy Recovery. The rulemaking includes standards for used oil generators, collection centers, transporters, transfer facilities, processors, re- refiners, burners , and marketers in accordance with RCRA requirements. The rules are proposed to implement the requirements of 40 CFR Part 279 and Senate Bill 1683, 74th Legislature. (Hygie Reynolds).

Approve Publication, RM/JB

Item 29. Docket No. 95- 1402- RUL. Consideration for adoption of new and amended 30 TAC Chapter 334 concerning Underground and Aboveground Storage Tanks. The rules propose significant changes to the existing program in response to the requirements of House Bill 2587, 74th Legislature. The proposed rules were published in the July 18, 1995, issue of the Texas Register (20 TexReg 5142) and (20 TexReg 5266). (Joe Woodard).

Approve Staff Recommendation, RM/BM

CONTESTED (Administrative Law Judge's Proposal for Decisions)

Item 30. Docket No. 95- 0038- MWD. Consideration of Administrative Law Judge's Proposal for Decision concerning the application of Military Highway Water Supply Corporation for Permit No. 13492- 02 to authorize the disposal by irrigation of an average of 210,000 gallons per day of treated domestic wastewater effluent in Hidalgo and Cameron Counties, Texas, and Segment No. 2202 of the Nueces- Rio Grande Coastal River Basin. Recommendation: Issuance of permit. (ALJ Bill Zukauckas)

Aopt Administrative Law Judges decision and issue permit, RM/BM

Item 31. Docket No. 95- 1307- UCR. SOAH Docket No. 582- 95- 1102. Consideration of ALJ's Proposal for Decision & Order concerning the application of Lake Lyndon B. Johnson MUD II for Permit No. 13660- 01 to authorize the treatment of facility and disposal by irrigation of 100,000 gpd treated domestic wastewater effluent in Burnet County, Texas, and Segment No. 1406 of the Colorado River Basin. Recommendation: Denial of permit (Elizabeth Todd)

Deny Administrative Law Judges decision and Issue Permit, BM/RM

EXECUTIVE SESSION

Item 32. Docket No. 95-1488-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 33. Docket No. 95-1489-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.

General Counsel will do certified agenda

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, October 11, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
Room 201S, Bldg E.
12118 N. Interstate 35



Item 34. Docket No. 95-1468-AIR. APPLICATION BY RAINBOW MATERIALS, INC. for a registration under Standard Exemption No. 71 (Standard Exemption Registration No. 29967). If granted, the registration will allow Rainbow Materials, Inc. to construct and operate a concrete batch plant located at 4756 FM 1431, Leander, Williamson County, Texas. The Commission will consider the hearing request submitted by a member of the legislature from the general area in which the proposed facility is located.

Deny Hearing Request



SECOND ADDENDUM TO AGENDA

Wednesday, October 11, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item 35. Docket No. 95-1256-AIR-E. Consideration of an Agreed Order requiring certain actions of East End Auto Parts; Account No. HG-9817-L, for Air Quality violations. (Peter Gregg). (This item is being reposted to correct item 18.)

Issue Agreed Order, JB/RM

Item 36. Docket No. 95-1466-RUL. Consideration for publication of a proposed amendment to 30 TAC Chapter 305, Subchapter D, Section 305.70, concerning Amendments, Renewals, Transfers, Corrections, Revocation, and Suspension of Permits. The proposed amendment would allow changes to the design of Municipal Solid Waste Landfills below the seasonal high water table to be processed as permit modifications. (Clark Talkington, 239-6731)

Approve Publication, RM/JB

Item 37. Docket No. 95-1518-EXE. The Texas Natural Resource Conservation Commission will hold a closed meeting to discuss pending litigation related to the Edwards Aquifer, including the following pending matters: (1) Sierra Club, et al. v. Bruce Babbitt, et al., No. 91-CA-069, United States District Court, Western District of Texas, Midland-Odessa Division; and (2) Sierra Club, et al. v. Bruce Babbitt, et al., Nos. 94-50260 and 95-50165, United States Court of Appeals for the Fifth Circuit. In accordance with the Texas Open Meetings Act, Chapter 551 of the Government Code, the Commission will first convene in open meeting, and then hold a closed meeting to consult with counsel concerning these matters. 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 meet in open meeting to take official action concerning this matter.

Continued to October 18, 1995

OLD BUSINESS AGENDA

Wednesday, October 11, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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




Item carried forward from agenda of May 10, 1995, July 12, 1995 and September 27, 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)

Issue Agreed Order, RM/JB

Item carried forward from agenda of September 27, 1995.

Item 2. 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).

Adopt as Recommended, JB/RM