MCBEE
MARQUEZ
BAKER
AGENDA

Wednesday, May 8, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

UNCONTESTED (Class 2 Modifications to Hazardous Waste Permits)

Item 1. Docket No. 96-0728-IHW. Consideration of an application by E.I. DUPONT DE NEMOURS AND COMPANY, INC. - LA PORTE for a Class 2 permit modification to Permit No. HW-50213 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 wastes and Class 1, Class 2 and class 3 non-hazardous industrial solid waste. The permit modification will authorize: (1) storage and processing of a currently permitted waste stream in an additional two tanks and one incinerator, (2) the storage and processing of laboratory wastes in two existing tanks and one existing incinerator, and (3) the addition of a new federal waste listing to several waste streams currently permitted for storage and processing. The facility is located at 12501 Strang Road in LaPorte, Harris County, Texas. (John Clegg)

Issue Class 2 Modification, RM/JB

Item 2. Docket No. 96-0748-IHW. Consideration of an application by EXXON COMPANY, U.S.A. - BAYTOWN REFINERY for a Class 2 permit modification to Permit No. HW-50111 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 wastes, Class 1 and Class 2 non-hazardous industrial solid waste. The permit modification will authorize the following: (1) update the list of wastes at the active, authorized units; (2) clarify and/or revise procedures for establishing background values and performing statistical comparisons; (3) expand background data set for soil-core monitoring at the North Landfarm (NLF); (4) increase the oil and grease limit in the definition of "well degraded" for the NLF; (5) revise the sampling procedures for detection monitoring; (6) update maps showing background and point of compliance wells for each unit; and (7) add 22 solid waste management units (SWMUs) to the list of SWMUs requiring a RCRA Facility Investigation. The facility is located at 2800 Decker Drive on approximately 2,624 acres near Baytown, Harris County, Texas. (John Clegg)

Issue Class 2 Modification, RM/JB

CONTESTED (Hearing Request)

Item 3. Docket No. 96-0566-IWD. STAR ENTERPRISE, GENERAL PARTNERSHIP for a permit (Proposed Permit No. 03853) to authorize a discharge of treated stormwater and wash water from the loading and truck pump back racks at a volume not to exceed a dry weather flow of 300 gallons per day average via Outfall 001 and intermittent flow variable discharges of stormwater via Outfalls 002, 003, 004 and 005. The applicant proposes to operate a bulk fuel storage and distribution facility. The plant site is at 3200 Sylvania Avenue in the City of Fort Worth, Tarrant County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Bob Sweeney/Tom Weber)

Remand to Executive Director

Item 4. Docket No. 96-0575-AIR. Alazan Gin Company, Inc. for renewal and amendment to Air Quality Permit No. 7279 to continue operation of a cotton gin. The permit will authorize baling rates of 30 bales per hour and 18,000 bales per year, as well as equipment modifications completed in November of 1995. The facility is located at Rodriquez and 7th Street near Sebastian in Willacy County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Vic Ramirez)

Deny Hearing Request and Issue Renewal of Permit, JB/RM

CONTESTED (Air Enforcement Matters)

Item 5. Docket No. 96-0453-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Central Texas Iron Works, Inc. in McLennan County; Account No. MB-0017-F; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Linda G. Sorrells).

Issue Agreed Order, RM/BM

Item 6. Docket No. 96-0434-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ball Corporation in Montgomery County; Account No. MQ-0112-L; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Greg Warmink).

Issue Agreed Order, RM/BM

Item 7. Docket No. 96-0452-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rubio's Salvage & Auto Sales in El Paso County; Account No. EE-1517-R; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Peter Gregg).

Issue Agreed Order, RM/BM

Item 8. Docket No. 96-0435-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Frazier and Frazier Industries, Inc. in Limestone County; Account No. L1-0010-F for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Patricia Hershey).

Issue Agreed Order, RM/BM

Item 9. Docket No. 96-0437-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hempel Coatings USA, Inc. in Houston, Harris County; Account No. HG-0620-D; for Air Quality pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar).

Issue Agreed Order, RM/BM

CONTESTED (Public Water Supply Enforcement)

Item 10. Docket No. 96-0101-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Robert A. Williams dba Magnolia Mobile Home Park in Montgomery County; PWS No. 17000562; for Public Water System violations pursuant to the Texas Health and Safety Code, the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Terry Thompson)

Issue Agreed Order, JB/BM

CONTESTED (Rules)

Item 11. Docket No. 95-1560-RUL. Consideration for adoption of the amendments to 30 TAC Chapter 305, Subchapter M, Section 305.503, concerning Fee Assessment. The amended rule will increase the annual inspection fee for wastewater treatment facilities. The increase is limited to that authorized by House Bill 2015 (1995), and only as necessary to acquire and implement federal delegation of the National Pollutant Discharge Elimination System in accordance with Section 402 of the Federal Clean Water Act. The proposal of these sections were published in the November 24, 1995 issue of the Texas Register. (Warren Davis)(Rule Log No. 95163-305-WT.)

Adopt Amendments as published, BM/RM

Item 12. Docket No. 96-0682-RUL. Consideration for publication of and hearing upon proposed amendments to 30 TAC Chapter 111, Subchapter B, concerning the outdoor burning rules. The proposed revisions clarify and streamline long-standing rules and increase flexibility to allow beneficial use of outdoor burning. (Terry Leifeste)(Rule Log No. 95143-111-AI.)

Proceed with publichation and hearing, JB/RM

Item 13. Docket No. 95-1590-RUL. Consideration for adoption of amendments to 30 TAC Chapter 305, Subchapter O, concerning Additional Conditions and Procedures for Wastewater Discharge Permits and Sewage Sludge Permits; and the repeal of Chapter 309, Subchapter D, concerning Criteria for Classification of Solid Waste Disposal Facilities and Practices. The amendments are necessary for Texas to receive federal delegation of the National Pollutant Discharge Elimination System. The proposed section was published in the November 24, 1995 issue of the Texas Register. (Warren Davis)(Rule Log No. 95171-337-WT.)

Adopt Staff Recommendation and Adopt Amendments to Chap 305, Subchapter O, and repeal Chapter 309, Subchapter D, BM/RM

Item 14. Docket No. 96-0707-RUL. Consideration of a petition for rulemaking to amend 30 TAC Section 116.211, Standard Exemption 100, concerning Metering, Purging, and Maintenance Operations for Gaseous and Liquid Petroleum Pipelines. Approval of the petition would initiate rulemaking to evaluate the desirability of a regulatory preference for flaring rather than venting natural gas, if notification procedures should take place prior to venting the natural gas to the atmosphere, and if monitoring of ambient air concentrations should be required when gas is vented rather than flared. (Lisa Evans) (Rule Log No. 96129-106-AI).

Approve Staff Recommendation and Deny Petition, BM/RM

EXECUTIVE SESSION

Item 15. Docket No. 96-0761-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 16. Docket No. 96-0762-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

Item 17. Docket No. 96-0763-EXE. The Commission will meet in closed session to deliberate the employment, evaluation, duties, discipline, or dismissal of the Executive Director of the Commission as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the 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 Government Code..

No Action Taken

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

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

ADDENDUM TO AGENDA

Wednesday, May 8, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 18. Docket No. 96-0816-WR. Consideration of the City of Corpus Christi's Water Conservation and Drought Management Plan and the April 28, 1995 Agreed Order (Docket No. 95-0616-WR in re: Establishing Operation Procedures pertaining to special condition 5.B., Certificate of Adjudication No. 21-3214, held by the City of Corpus Christi, Nueces River Authority, and the City of Three Rivers), including consideration of the requirements in Paragraph 2(b)(1) dealing with reduction of targeted inflows to Nueces Bay.

No Action Required

AGENDA

Wednesday, May 8, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 1. TNRCC Docket No. 95-1295-MWD; SOAH Docket No. 582-95-1133. Consideration of ALJ's Proposal for Decision and Order concerning the application of Dallas County WCID #6 for Permit No. 13738-01 to authorize the discharge of 3.5 mgd of treated domestic wastewater effluent in Dallas County, Texas, and Segment No. 0805 of the Trinity River Basin. Recommendation: Issuance of Permit. (Leslie Craven)

Continued to June 12, 1996

Item 2. SOAH Docket No. 582-95-1140; TNRCC Docket No. 95-0714-MWD. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of Lawrence Henry Homan, Jr., for a renewal of permit No. 13382-01 to authorize the discharge of 150,000 gpd of treated domestic wastewater effluent in Harris County, Texas, and Segment No. 2425 of the Bays and Estuaries. Recommendation: Denial of permit renewal. (Cynthia G. Hayes)

Adopt Administrative Law Judge's Proposal for Decision and Issue Order and amend the order to state the statutory provision as to regionalization as stated by Public Interest Council, RM/BM

Item 3. Docket No. 96-0207-AIR. The Commission will consider the motion for rehearing filed by Mark and Teresa Houschildt, Joe Rutherford, Leslie W. Eddins, Nellie Spradling, and David and Deane Williams concerning the application by Mayfield Concrete Company for air standard exemption no. 29477 to authorize the construction of a concrete batch plant in Greenville, Hunt County. On March 6, 1996, the Commission considered and denied hearing requests and granted the Mayfield application. The Commission order was mailed on March 29, 1996.

Deny Hearing Request, BM/JB. McBee voted to Grant Motion for Rehearing.

OLD BUSINESS AGENDA

Wednesday, May 8, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of April 17, 1996.

Item 1. Docket No. 96-0417-WR. LAVACA-NAVIDAD RIVER AUTHORITY AND THE TEXAS WATER DEVELOPMENT BOARD; Application No. 16-2095C seeks to amend Certificate of Adjudication No. 16-2095, as amended, pursuant to 11.122, Texas Water Code, and TNRCC Rules 30 TAC 295.1, et seq. Certificate of Adjudication No. 16-2095, as amended, includes authorization for the Lavaca-Navidad River Authority and the Texas Water Development Board to impound water in a 170,300 acre-foot capacity reservoir (referred to as Stage 1 reservoir or Lake Texana) for recreational purposes. The certificate, as amended, also includes authorization for the owners to divert from the lake and use in the Lavaca River Basin, the Colorado-Lavaca Coastal Basin, and the Lavaca-Guadalupe Coastal Basin, not to exceed a total of 79,000 acre-feet of water per annum from Lake Texana in Jackson County. The Commission will consider the application and the hearing requests that have been filed on the application. (Lann Bookout)

Remand to State Office Administrative Hearing to determine party status and if it is determined that an individual has party status, proceed to Hearing on Merits. City of Corpus Christi ratepayers, and taxpayers are not determined to be considered parties. Sierra Club's environmental issues were addressed in previous order., BM/JB

Item carried forward from agenda of April 24, 1996

Item 2. 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)

Grant Hearing Request, BM/JB

Item carried forward from agenda of April 24, 1996.

Item 3. 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)

Grant Hearing Request, BM/JB

Item carried forward from agenda of April 24, 1996.

Item 4. 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)

Grant Hearing Request, BM/JB

Item carried forward from agenda of April 24, 1996.

Item 5. 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)

Grant Hearing Request, BM/JB

Item carried forward from agenda of May 2, 1996.

Item 6. Docket No. 95-0226-RUL. Consideration of the repeal of 30 TAC Chapters 261, 263, 264, 265, 275, 337, 339, 341, and 345; adoption of amendments to Chapters 305 and 340; and adoption of new Chapters 1, 3, 5, 10, 20, 40, 50, 55, 70, 80, and 86, concerning the procedural rules of the agency. If approved, the proposal would continue the ongoing project to reorganize, clarify, and consolidate the Texas Natural Resource Conservation Commission's procedural rules. The proposed rules were published in the February 20, 1996 and March 19, 1996 issues of the Texas Register (21 TexReg 1349 and 2122). (Randall Terrell) (Rule Log No. 95123-263-AD)

Approve Adoption of Amendments with changes as recommended by Commissioners, RM/BM

Item carried forward from agenda of May 2, 1996.

Item 7. Docket No. 96-0786-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Ombudsman as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government code. The Commission may also meet in open session to take action on this matter.

Abolish the Position of Ombudsman, effective June 14, 1996. BM/RM