MCBEE
MARQUEZ
BAKER

AGENDA

Wednesday, April 24, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

UNCONTESTED (Membership, Irrigators Advisory Council)

Item 1. Docket No. 96-0426-IRR. Reappointment of nine individuals to fill the membership of the Texas Irrigators Advisory Council. The purpose of this council is to advise the commission on matters regarding the administration of the Landscape Irrigators and Installers Licensure Program, Senate Bill 2. (Doretta A. Conrad)

Approve Resolution as Recommended, BM/JB

UNCONTESTED (Resolution)

Item 2. Docket No. 96-0601-RES. Consideration of a Resolution to fill six vacancies on the Galveston Bay Council, an advisory body to the TNRCC, the Galveston Bay Estuary Program in particular, as delineated by The Galveston Bay Plan authorized by Sec. 320 of The Clean Water Act of 1987. To approve nominees to membership on this Council which operates in accordance with Tex. Rev. Civ. Stat. Ann. Art. 6252- 33 (Vernon Supp. 1995). (Browning)

Approve Resolution as Recommended, RM/BM

CONTESTED (Hearing Request)

Item 3. Docket No. 96-0518-IWD. UNIMIN CORPORATION for an amendment to Permit No. 01401 to increase the discharge volume and add an outfall (Outfall 003) to monitor the discharge of mine seepage water and stormwater runoff. The permit currently authorizes a discharge of mine seepage water via Outfalls 001 and 002 at a total combined volume not to exceed 500,000 gallons per day average. The proposed amendment would authorize discharge volumes not to exceed an average of 500,000 gallons per day via Outfall 001; 500,000 gallons per day via Outfall 002; and 600,000 gallons per day via Outfall 003. The applicant operates a sand mining and processing operation. The plant site is on County Road 308 approximately 3/4 mile north of the intersection of County Road 308 and U.S. Highway 67 in the northeast corner of Somervell County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Bob Sweeney)

Continued to May 29, 1996

Item 4. Docket No. 96-0522-WR. T-BAR-D, L.L.C.; Application No. 4327A to amend Permit No. 4327 pursuant to §11.122, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §§295.1, et seq. Permit No. 4327 authorized: (A) diversion & use of 57 acre-feet of water per annum from Navidad River, tributary of Lavaca River, Lavaca River Basin to irrigate 18 acres of land located approximately 20 miles southeast of Halletsville in Lavaca County; (B) time priority of owners' right as February 22, 1983; (C) a term whereby authorizations shall expire December 31, 1994; (D) flow restrictions whereby the permittee may only divert water when the flow of the Navidad River equals or exceeds 10 cfs (4500 gpm). Applicant seeks to extend the expiration date of the water right for an additional term of years, and seeks to retain the priority date of February 22, 1983. No Commission action has been taken to cancel this permit. The Commission will consider the application and the hearing requests files on the application. (Irene Montelongo/Lann Bookout)

Continued to May 8, 1996

Item 5. Docket No. 96-0521-WR. CHARLES J. VITERA for App. No. 4342A which seeks to amend Permit No. 4101 pursuant to §11.122, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §§295.1, et seq. Permit No. 4101 was issued April 19, 1984 to Charles J. Vitera and authorized the diversion and use of 200 acre-feet of water per annum from Porters Creek, tributary of West Mustang Creek, tributary of Mustang Creek, tributary of the Navidad River, tributary of the Lavaca River, Lavaca River Basin to irrigate 100 acres of land out of 432.6 acres in William White Survey, Abstract No. 644, located approximately 22.5 miles southwest of the City of Wharton in Wharton County. The Commission will consider the application and the hearing requests that have been filed on the application. (Irene Montelongo/Lann Bookout)

Continued to May 8, 1996

Item 6. Docket No. 96-0520-WR. TRAVIS NORRIS RAUN, ET AL; Application No. 4559A to amend Water Use Permit No. 4252 pursuant to §11.122, Texas Water Code, and TNRCC Rules 30 TAC §§295.1, et seq. Water Right Permit No. 4252 (Application No. 4559) was issued on October 3, 1985 to Travis Norris Raun and authorized diversion and use of not to exceed 9000 acre-feet of water per annum from: (1) Wolf Run Branch, tributary of Mott Branch; (2) Mott Branch, tributary of West Mustang Creek, tributary of Mustang Creek, tributary of the Navidad River, tributary of the Lavaca River; and (3) Sandy Creek, tributary of the Navidad River, Lavaca River Basin. Diverted water is authorized to be used to irrigate 2250 acres of land out of several tracts comprising 3305 acres in Jackson and Wharton Counties, approximately 26.5 miles southwest of Wharton, Texas. The permit included a term whereby the authorizations shall expire on December 31, 1995. Applicant seeks to amend this water right permit by deleting the expiration date of the water right or by extending the expiration date for an additional term of years. The Commission will consider the application and the hearing requests that have been filed on the application. (Irene Montelongo/Lann Bookout)

Continued to May 8, 1996

Item 7. Docket No. 96-0519-WR. Edmund A. Weinhemier, Jr. for Application No. 4560B which seeks to amend Water Right Permit No. 4241 pursuant to 11.122, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Water Right Permit No. 4241 was issued on August 1, 1985 to E.A. Weinheimer, Jr. and authorized the diversion and use of not exceed 272.63 acre-feet of water per annum from West Mustang Creek, tributary of Mustang Creek , tributary of Navidad River, Tributary of Lavaca River. The Water is used to irrigate 184.5 acres of land out of an 199.67-acre tract of land approximately 15.5 miles east-southeast of Wharton in Wharton County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Irene Montelongo/Lann Bookout)

Continued to May 8, 1996

UNCONTESTED (Class 2 Modification to Hazardous Waste Permit)

Item 8. Docket No. 96-0612-IHW. Consideration of an application by LAIDLAW ENVIRONMENTAL SERVICES for a Class 2 permit modification to Permit No. HW-50225-001 in accordance with 30 TAC Section 305.69. The permit authorizes the operation of a commercial industrial and hazardous waste management facility which stores and processes hazardous waste and Class 1 and 2 non-hazardous industrial solid waste. The permit modification will: (1) add newly listed EPA waste codes; (2) replace the Contingency Plan to address the installation of alarm and fire protection systems; (3) revise the emergency coordinator's list and emergency equipment information, and to describe facility operating procedures more accurately; (4) revise the Inspection Plan to increase the frequency for inspecting the container storage area; and (5) revise the Waste Analysis Plan to include exact methods used to sample each waste type. The facility is at 500 Battleground Road, approximately 700 feet from the intersection of State Highway 225, on approximately 12.5 acres in La Porte, Harris County, Texas. (Kari Bourland)

Issue Class 2 Modification, RM/JB

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 9. Docket No. 95- 0287- IHW- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Diamond Shamrock Refining Company L.P. in Live Oak County; SWR No. 31553; for violations pursuant to the Texas Solid Waste Disposal Act, Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (John Sadlier).

Issue Agreed Order, RM/JB

CONTESTED (Petroleum Storage Tank Enforcement)

Item 10. Docket No. 96- 0440- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southwest Energy Distributors in Andrews County; PST Enforcement Identification No. E11212; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Jaime Lopez)

Issue Agreed Order, JB/RM

Item 11. Docket No. 96- 0313- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Dempsey Hickman in Polk County; PST Enforcement Identification No. E11166; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Jaime Lopez)

Issue Agreed Order, JB/RM

CONTESTED (Rules)

Item 12. Docket No. 95- 0650- RUL. Consideration for publication and hearing on a proposed new 30 TAC Chapter 37 concerning Financial Assurance Documents, and amendments to 30 TAC 332, Subchapter D, concerning Operations Requiring a Permit. The proposed new chapter and amendments would provide standardized language and requirements for financial assurance documents for permitted compost facilities. (Randall Terrell) (Rule Log No. 96127- 037- AD)

Remand to Staff for Indefinite Period, BM/JB

Item 13. Docket No. 96- 0512- RUL. Consideration for publication and hearing upon proposed amendments to 30 TAC Chapter 115, Subchapter G (concerning Consumer- Related Sources; Consumer Products), and revisions to the State Implementation Plan regarding these proposed amendments. If adopted, the proposed amendments would provide additional flexibility and cost savings to regulated manufacturers of consumer products. (Mike Magee) (Rule Log #96117- 115- AI)

Approve Publication and Hearing, RM/JB

Item 14. Docket No. 95- 1684- RUL. Consideration for adoption of amendments to 30 TAC Chapter 116, Subchapter A, Section 116.12, regarding Nonattainment Review Definitions; Subchapter C, Section 116.211, regarding the Standard Exemption List; and revisions to the State Implementation Plan. The amendments to Section 116.12 will make the requirements for determining whether a proposed change will trigger nonattainment review consistent with recent changes to Section 116.150. The changes to the Standard Exemption List would add, clarify, and update 11 exemptions on the list. The proposal was published in the January 12, 1996 issue of the Texas Register (21 TexReg 300). (Jim Dodds) (Rule Log No. 95157- 116- AI)

Continued to May 15, 1996

Item 15. Docket No. 96- 0576- RUL. Consideration for publication and hearing upon the proposed amendments of 30 TAC Chapter 114, concerning the Control of Air Pollution From Motor Vehicles, and the amendment of the State Implementation Plan Revision for Substitution of the Federal Clean Fuel Fleet Program originally submitted in July 1994. The rules would require certain transit, privately owned, and local government fleets to purchase certified clean- fuel vehicles. (John Steib and Hazel Barbour (Rule Log #95153- 114- AI)

Approve Publication and Hearing, JB/RM

Item 16. Docket No. 96- 0603- RUL. Consideration for publication and hearing upon proposed amendments to 30 TAC Chapter 117, regarding Phased Nitrogen Oxides Reasonably Available Control Technology, and revisions to the State Implementation Plan regarding these proposed amendments. If adopted, the proposed amendments would revise Section 117.540 to be consistent with the Chapter 117 final compliance date of May 31, 1999, and allow the use of clean fuel vehicle credits to meet Chapter 117 requirements on an interim basis. (Mike Magee) (Rule Log No. 95158- 117- AI)

Continued to May 2, 1996

Item 17. Docket No. 95- 1413- RUL. Consideration for adoption of new 30 TAC Sections 327.1- 327.5, concerning Spill Prevention and Control. If adopted, the new rules would establish reporting and response action requirements for spills or discharges of hazardous substances, oil, petroleum product, used oil, industrial solid waste and other substances onto land and into waters in the state. The proposed rules were published in the November 17, 1995, issue of the Texas Register (20 TexReg 9535). (Clark Talkington/Stennie Meadours) (Rule Log No. 95091- 327- WS)

Adopt amendments, with changes as recommended by Chairman McBee and Commissioner Marquez, RM/JB

CONTESTED (Administrative Law Judge's Proposal for Decision)

Item 18. TNRCC Docket No. 95-0202-MWD; SOAH Docket No. 582-95-1126. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of City of Asherton for Permit No. 13746-001 to authorize the discharge of 180,400 gpd of treated domestic wastewater effluent in Dimmit County, Texas and Segment No. 2105 of the Nueces River Basin. Recommendation: Remand to Executive Director. (Mike Rogan)

Remand back to the State Office of Administrative Hearing, but with a specific directive perhaps not to convene a hearing to take further evidence if there is any further evidence to be submitted to do that simply be a written documentation, I am conscious of the fees being accrued by protestants, not trying to cut off your fees counsel, but I am conscious of your clients expenditure, try to limit to written documentation on matters such as the availability in pursuant of grant funding and progress on the EPA's side. Leave it to the discretion of Mr. Rogan as to when to bring this matter back, I'd say no more that 6 months to see what kind of progress we get, what kind written evidence there is in the record to let parties work things through. BM/JB

EXECUTIVE SESSION

Item 19. Docket No. 96-0669-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.

No Action Taken

Item 20. Docket No. 96-0670-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.

No Action Taken

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ADDENUM TO AGENDA

Wednesday, April 24, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 21. TNRCC Docket No. 95- 1299- AIR; SOAH Docket No. 582- 95- 1031. The Commission will consider the motion for rehearing filed concerning the application by Sonntag Trucking Company for air standard exemption No. 29014 to authorize the construction of a concrete batch plant in Denton County. On February 7, 1996, the Commission considered a Judge’s proposal for decision, and approved the application. The Commission order was mailed on March 13, 1996

Continued to May 2, 1996

Item 22. Docket No. 96-0093-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of ROC GP CORP dba Siesta estates Mobile Home Park in Randall County; PWS No. 1910003; for public water system violations pursuant to 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. (S. Pussman/G. Henry)

Issue Agreed Order, JB/BM

Item 23. Docket No. 96-0557-RPT. Discussion of an Agency Report on Enforcement Actions from various programs including Agriculture, Air, Industrial & Hazardous Waste, Multi-Media, 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/Paul Sarahan).

No Action Required

OLD BUSINESS AGENDA

Wednesday, April 24, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item carried forward from Agenda of March 6 and March 27, 1996.

Item 1. Docket No. 95- 1412- RUL. Consideration of adoption of a new 30 TAC, Chapter 324, relating to Used Oil; repeal of 30 TAC, Chapter 330, Subchapter Z, relating to household used oil recycling, and reimbursement of used oil collection centers; and amendments to 30 TAC, Chapter 335, relating to used oil management. If adopted, the amendments would put most used oil recycling requirements of 40 CFR Part 279. The proposed amendments were published in the October 31, 1995 and the October 27, 1995 issues of the Texas Register (20 TexReg 8970 and 20 TexReg 8894, respectively). (Hygie Reynolds)

1. Adopt the repeal of 30 TAC 330 1141- 1152

2. Adopt the repeal of 330 1170 - 1174

3. Adopt New 30 TAC Chapter 324 Subchapter A with the

exception of Section 324.11 Subsection 3 and 324.21 the ED

recommends remand to those exceptions back to staff.

4. Adopt amendments to 335.6, 335.41, 335.78, 335.221,

335.504.

5. Continue 30 TAC Subchapter B, March 27, 1996.

Remand to Staff for Indefinite period, Subchapter B Withdrawn, BM/JB

Item carried forward from Agenda of March 27, 1996.

Item 2. Docket No. 96- 0377- MWD. FALK- PETER LOSCHE for a permit (Proposed Permit No. 13806- 01) to authorize a discharge of 2,325 gallons per day in the interim phase and 3,500 gallons per day in the final phase. The wastewater treatment facilities will serve Fairview Mobile Home park. The wastewater treatment facilities are east of U.S. Route 75, one (1) mile south of the intersection of State Route 121 and U.S. Route 75 in Collin County, Texas. The Commission will consider the application and the hearing request that have been filed on the application. (Tom Weber)

Issue Permit, RM/JB

Item carried forward from Agenda of March 20, March 27, April 3 and April 17, 1996.

Item 3. Docket No. 96-0483-EXE. The Commission will meet in closed session to deliberate the appointment, employment, reassignment, and duties of the Director of the Alternative Dispute Resolution Office, the Director of the Border Affairs and Environmental Equity Office, the Manager for Border Affairs, the Manager for Environmental Equity, the Director of the Local Government Assistance Program, the Director of the Pollution Prevention & Recycling Office, the Public Interest Counsel, the Small Business Advocate, and the Manager of the Superfund Community Relations/Public Meetings Unit. The authority for the closed session is Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. The Commission may also meet in open session to take action on these matters, as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.

Considered together with Item #4.

Item carried forward from Agenda of March 20, March 27, April 3 and April 17, 1996.

Item 4. Docket No. 96- 0484- MIS. Consideration of the structure and organization of the agency's citizen assistance related functions, including Alternative Dispute Resolution, Border Affairs and Environmental Equity, Local Government Assistance, Ombudsman, Pollution Prevention and Recycling, Public Interest Counsel, Small Business Assistance Program, Superfund Community Relations/Public Meetings Unit.

Creation of an office of public assistance which would have within that office environmental equity, as a continuing sort of entity with a group of its own identity but as a part of that greater hope as they are today with Border Affairs if you will. Probably subsuming the ombudsman office within that operation and probably adding to it these kinds of people we talked about permitting engineers, ex-permitting engineers, and work closely with the Executive Director and the Deputies to help find those people, that office has to have somebody to head it a director probably which will be a new position I suppose, we will have to go out and find somebody for. Internally or perhaps Externally. We talked about breaking out the Alternative Dispute Resolution Function where it is at today within the Office of General Counsel and giving it its own stand alone existence and continuing the stand alone existence of the Public Interest Counsel and we are not talking about anything that effects Small Business Assistance, Community Relations/Public Meetings Unit, or Pollution Prevention, or Local Government Assistance, recognizing those are very viable and critical functions but not as focused on the public, but someother unique communities and that Public Meetings being something perhaps continue watch and kind of study and see how that develops. Commissioner Marquez your comment that at this time this is the organization that maybe an involving organization and an involving structure as we learn more about how public access participation is best maximized at this agency. BM/RM