MCBEE
MARQUEZ
BAKER
CONTESTED AGENDA

Wednesday, August 21, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

UNCONTESTED (Temporary Authorization)

Item 1. Docket No. 96-1322-IHW. Consideration of a request filed by Occidental Chemical Corporation for Temporary Authorization to operate incinerators, HCIN-2 and HCIN-3, effecting removal of the limit on ash content in the incinerator feed, increasing the hourly allowable emission rates for particulate matter (PM) per incinerators from 0.26 lbs/hr to 3.0 lbs/hr, resulting in a total of 15 tons/year from both incinerators, and increasing hourly emission rates of volatile organic compounds (VCO) per incinerator from 0.01 lbs/hr to 0.02 lbs/hr, resulting in a change from 0.04 tons/yr to 0.08 tons/yr per incinerator. The authorization is necessary to prevent disruption of ongoing waste management. This request meets the criteria of 30 TAC 305.69(f)(5)(B)(iii).

No Action Required

UNCONTESTED (Class 2 Modification)

Item 2. Docket No. 96-1306-IHW. Consideration of an application by E.I. Dupont De Nemours and Company, Inc. - Organe for a Class 2 permit modification to Permit No. HW 50230-01 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 and Class 2 non-hazardous industrial solid waste. The permit modification will authorize the continued management of newly regulated carbamate wastes in existing permitted units at the facility. The facility is located on a 1,150 acre tract of land adjacent to and along the south side of Farm-to-Market Highway No. 1006, approximately three miles southwest of Orange in Orange County, Texas. (John Clegg)

Issue Class 2 Permit Modification, RM/JB

UNCONTESTED (Class 3 Modification)

Item 3. Docket No. 96-1307-IHW. Consideration of an application by AMOCO OIL COMPANY - TEXAS CITY for a Class 3 permit modification to Permit No. HW 50255 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 the continued operation of four earthen wastewater and sludge management basins with a total capacity of 125,608,493 gallons. The facility is located on approximately 835 acres at 2401 5th Avenue South in Texas City, Galveston County, Texas. (John Clegg)

Issue Class 3 Permit Modification, JB/RM

UNCONTESTED (Budget)

Item 4. Docket No. 96-1319-BGT. Consideration of the TNRCC FY97 Operating Budget and FY 98-99 Legislative Appropriate Request.

Approve FY 97 Operating Budget, BM/RM, Aprove 98-99 Legislative Appropriation Reuqest, JB/RM

UNCONTESTED (Resolution)

Item 5. Docket No. 96-1317-RES. A resolution authorizing the Executive Director to enter receivable contracts, payable contracts which do not exceed One Million Dollars, and certain contracts involving the exchange of in-kind services, and to delegate authority to the staff. (Katharine Marvin)

Adopt Resolution, RM/BM

UNCONTESTED (Contract)

Item 6. Docket No. 96-1328-CON. Approval of contract betwen the TNRCC and the State Office of Administrative Hearings which provides for payment to SOAH to services to be rendered during the fiscal year beginning September 1, 1996, and ending August 31, 1997.

Continued to August 28, 1996

CONTESTED (Hearing Request)

Item 7. Docket No. 96-1129-UIC. AMERICAN ECOLOGY ENVIRONMENTAL SERVICES CORPORATION for minor amendment to Permit No. WDW-229 which authorizes operation of a Class I underground injection well. The minor amendment will reflect a name change from Gibraltar Chemical Resources, Inc. to American Ecology Environmental Services Corporation. The injection zone remains within the Woodbine Formation at the approximate subsurface depths of 4,850 to 5,490 feet below ground level. The authorized injection interval remains within the Dexter Sands of the Woodbine Formation at the approximate subsurface interval of 5,240 to 5,490 feet within the injection zone. The well is used for the disposal of hazardous and non-hazardous wastes generated by the permittee's facility and from other sources on a commercial basis. The waste disposal well WDW-229 is located on company property, approximately 1/2 mile north of I-20 on Highway 155 North, north of the City of Tyler, Smith County, Texas. The Commission will consider the application the and the hearing requests filed on the application. (Sharon Smith/Alice Rogers)

Grant Name Change and Deny Hearing Request, RM/BM

Item 8. Docket No. 96-1169-MWD. CITY OF MABANK for a permit (Proposed Permit No. 10579-03) to authorize a discharge of treated domestic water effluent at a volume not to exceed an average flow of 100,000 gallons per day. The proposed water treatment facility will serve the City of Mabank. The water treatment facilities are approximately 1 3/4 miles west of the intersection of Farm-to-Market Road 85 and Farm-to-Market Road 90, and approximately 3 1/2 miles southwest of the City of Mabank in Henderson County, Texas. The Commission will consider the application and the concerns that have been filed on the application. (Tom Weber/Bob Sweeney)

Grant Permit, RM/BM

Item 9. Docket No. 96-1205-IWD. KANSAS CITY SOUTHERN RAILWAY COMPANY for renewal of Permit No. 02722 which authorizes an intermittent, flow variable discharge of treated stormwater via Outfall 001. The applicant operates the Chaison Yard Mechanical Facility, a railyard which provides maintenance and fueling of locomotives used for railroad transportation. The plant site is at 4095 Martin Luther King Parkway, just northeast of Lamar State University, in the City of Beaumont, Jefferson County, Texas. The Commission will consider the application and the concerns that have been filed on the application. (Tom Weber/Bob Sweeney)

Grant Renewal, JB/RM

Item 10. Docket No. 96-1151-IWD. UNION CARBIDE CORPORATION for an amendment without renewal to Permit No. 00447 in order to establish interim effluent limits for biochemical oxygen demand and total suspended solids and establish final effluent limits to account for wet weather flow. The permit currently authorizes the following discharges: (1) process wastewater, domestic wastewater and groundwater at a volume not to exceed an average flow of 5,800,000 gallons per day via Outfall 001; (2) water treatment wastewater, utility wastewaters, and stormwater at a volume not to exceed an average flow of 12,000,000 gallons per day via Outfall 002; and (3) an intermittent, flow variable discharge of stormwater via Outfalls 003, 004, 005, 006, 007, 008, 009, 010, 011, 012, 014, 015, and 016, which will remain the same. The applicant operates a plant which manufactures organic chemicals, plastics, and industrial gases. The plant site is on the east side of State Highway 185 approximately 8000 feet south of the intersection of State Highway 185 and State Highway 35 and approximately eight miles north of the City of Seadrift, Calhoun 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 September 18, 1996

Item 11. Docket No. 96-1086-IWD. TEXAS PARKS AND WILDLIFE DEPARTMENT for a permit (Proposed Permit No. 03881) to authorize a discharge of process wastewater (including pond and raceway effluent) at a volume not to exceed an average flow of 2,700,000 gallons per day. The applicant operates the A.E. Wood State Fish Hatchery. The facility is adjacent to Farm-to-Market (FM) Road 621 and approximately one mile east of the intersection of FM Road 621 and State Highway 123 in the City of San Marcos, Hays County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Bob Sweeney)

Remand to State Office Administrative Hearing

CONTESTED (CAFO Permit)

Item 12. Docket No. 96-1284-AGR. Consideration of the timely filed Requests for Commission Review of the Executive Director's determination that no comments submitted concerning the application by Texas Farms, Inc. for authorization No. 03902 demonstrated technical merit. The application by Texas Farms, Inc. seeks authorization, pursuant to Subchapter K of Chapter 321 of TNRCC rules, to operate a new swine feeding facility which will confine a maximum of 57,750 head. The facility will generate, collect, and treat animal waste and wastewater on-site. The proposed facility is to be on the south side of an unnamed county road, approximately two miles east of its intersection with State Highway 15 in Ochiltree County, Texas. This location is in the drainage area of Wolf Creek in Segment #0104 of the Canadian River Basin.

Deny Request for Commission Review of the Executive Director's determination, RM/JB

CONTESTED (District Matter Standby Fee)

Item 13. Docket No. 96-0832-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING AN APPLICATION BY GUADCO MUNICIPAL UTILITY DISTRICT NO. 2 FOR APPROVAL TO LEVY A STANDBY FEE. Applicant requests Commission approval to levy a uniform standby fee to supplement the operations and maintenance account. (TNRCC Internal Control No. 041996-D02, Robert Cummins)

Remand to State Office Administrative Hearings

CONTESTED (Bankruptcy)

Item 14. Docket No. 96-0431-DIS. Consideration of an order authorizing Northwood Municipal Utility District No. 1 to Proceed in Federal Bankruptcy Pursuant to V.T.C.A., Water Code Section 49.456. (TNRCC Internal Control No. 022696-D01; Susan Walton)

Approve Request, JB/RM

CONTESTED (Temporary Order)

Item 15. Docket No. 96-1202-MWD. Laughlin Environmental, Inc. Application for a Temporary Order. Laughlin states that this temporary discharge is needed in order to dredge accumulated sediment from the City of Houston East Water Purification Plant forebays which are approaching a maximum sediment capacity. The accumulated sediment is causing a reduced retention time in the forebays resulting in an increase in the amount of additives needed in the flocculation process and potential degradation of the City of Houston water supply. (Anthony Tatu)

Application Withdrawn, No Action Required

CONTESTED (Default Order)

Item 16. Docket No. 96-0602-IHW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Kingsbury Metal Finishing Company, Inc. in Guadalupe County; SWR No. 52203; for industrial and hazardous waste violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Thomas Corwin).

Issue Default Order, BM/JB

CONTESTED (Authorization to Construct)

Item 17. Docket No. 96-1297-MWD. Request by San Antonio East Central Independent School District for the Commission to consider authorizing commencement of construction of wastewater treatment facilities. (Rachael Rawlins)

Approve Authorization to Construct, RM/JB

CONTESTED (Air Deafult Order)

Item 18. Docket No. 96-0879-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Willard Grain & Feed, Inc. in McLennan County; Account No. MB-0282-H; 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. (Linda Sorrells and Patricia Capps).

Continued to August 28, 1996

CONTESTED (Municipal Waste Discharge)

Item 19. Docket No. 95-1477-MWD. Consideration of the application by Cameron County Fresh Water Supply District No. 1 for a permit (proposed permit no. 13772-001) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 1,500,000 gallons per day. The proposed permit would also authorize a variance to the buffer zone requirements. The wastewater treatment facilities will be located in Cameron County, Texas, and the effluent is to be discharged into the Laguna Madre in Segment No. 2491 of the Bays and Estuaries. The Commission will also consider its order issued June 10, 1996 granting the request for hearing of the Texas Shrimp Association and directing the State Office of Administrative Hearings to proceed with a hearing on the application. The Texas Shrimp Association thereafter withdrew its request.

Issue Permit, and authorize variance to the buffer zone, JB/BM

CONTESTED (Public Water Supply Enforcement)

Item 20. Docket No. 96-0820-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of D bar B Mobile Home Park Homeowners Association in Dallas County; PWS No. 0570082; for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (K. Wheatley and G. Henry)

Issue Agreed Order, RM/JB

Item 21. Docket No. 96-0767-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of San Patricio County M.U.D. No 1 in San Patricio County; PWS No. 2050070; for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (K. Wheatley and G. Henry)

Issue Agreed Order, RM/JB

Item 22. Docket No. 96-0914-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Emma Sklar d/b/a Sklar Mobile Home Park in Fort Bend County; PWS No. 0790042; for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (K. Wheatley and G. Henry

Issue Agreed Order, RM/JB

Item 23. Docket No. 96-0766-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Seaboard Water Supply Corporation in San Patricio County; PWS No. 2050063; for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (K. Wheatley and G. Henry)

Issue Agreed Order, RM/JB

CONTESTED (Municipal Solid Waste Enforcement)

Item 24. Docket No. 96-0443-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of David Friesenhahn in Bexar County; Unauthorized Solid Waste Site No. 451130003, for Municipal Solid Waste violations pursuant to the Texas Solid Waste Disposal Act, Texas Clean Air Act, and the rules of the Texas Natural Resource Conservation Commission. (Keils/Piza).

Issue Agreed Order, BM/RM

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 25. Docket Nos. 94-0019 and 95-0882-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the U.S. Department of the Army - Fort Hood in Bell and Coryell Counties; SWR No. 66005; for industrial and hazardous waste violations pursuant to the Solid Waste Disposal Act, Texas Health and Safety Code Ann., Chapter 361 (Vernon 1992) and the rules of the Texas Natural Resource Conservation Commission. (Vic McWherter).

Issue Agreed Order, RM/BM

Item 26. Docket No. 95-1633-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Maaco Auto Painting and Bodywork in McLennan County; SWR No. 66190; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission.

Issue Agreed Order, RM/BM

Item 27. Docket No. 95-1084-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Econo Rail Corporation, in Harris County;SW Registration No. 83289; for violations pursuant to the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Mohammed Moheeth or Cathy Keils)

Issue Agreed Order, RM/BM

Item 28. Docket No. 95-1045-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Diamond Shamrock Refining Company, L.P. in Moore County; SWR No. 30871; for industrial and hazardous waste violations pursuant to Chapter 26 of the Texas Water Code, Texas Health & Safety Code Ann., Chapter 361, and the rules of the Texas Natural Resource Conservation Commission. (Ann Foster/John Sadlier).

Issue Agreed Order, RM/BM

CONTESTED (Solid Waste Registration Enforcement)

Item 29. Docket No. 95-1292-SWR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Calabrian Chemicals Corporation in Jefferson County; SWR No. 30466; for industrial and hazardous waste violations pursuant to Chapter 361 of the Texas Health and Safety Code, water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Raymond C. Winter).

Issue Agreed Order, RM/JB

CONTESTED (On-Site Investigation Enforcement)

Item 30. Docket No. 96-1161-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Charlie McCarrell in Brown County; No Certificate of Registration; for certification violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission pertaining to on-site sewage facilities. (Raymond C. Winter).

Issue Agreed Order, RM/JB

CONTESTED (Air Quality Enforcement)

Item 31. Docket No. 96-0989-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Leggett & Platt Texas Fibers Division in Washington County; Account No. WD-0023-P; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Linda Sorrells).

Issue Agreed Order, BM/RM

Item 32. Docket No. 96-0990-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Black Marlin Pipe Line Company in Texas City, Galveston County; Account No. GB-0156-K; 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. (Lisa Uselton Dyar).

Issue Agreed Order, BM/RM

Item 33. Docket No. 96-0069-AIR-E. Consideration of an Agreed Order requiring certain actions of Sun City Redi-Mix, Inc. in El Paso County; Account No. 92-0634-H; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Linda G. Sorrells).

No Action Required

Item 34. Docket No. 96-0105-AIR-E. Consideration of an Amended Agreed Order requiring certain actions of Heat Energy Advanced Technology in Dallas County; Account No. DB-0934-I; amending an Agreed Order that became effective on March 20, 1996. (Paul C. Sarahan).

Approve an amendment to the order to specify that the fire protection menthods acceptable to the commission must be installed by September 20 and continued to August 28, 1996.

Item 35. Docket No. 96-1037-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kessler Industries, Inc. in El Paso County; Account No. EE-0047-R; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (William C. Foster).

Issue Agreed Order, BM/RM

Item 36. Docket No. 96-1074-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Houston Lighting and Power Company in Thompsons, Fort Bend County; Account No. FG-0020-V; 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. (Lisa Uselton Dyar).

Issue Agreed Order, BM/RM

Item 37. Docket No. 96-0988-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Olin Corporation in Jefferson County; Account No. JE-0073-N; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Thomas Corwin).

Issue Agreed Order, BM/RM

Item 38. Docket No. 96-1038-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of International Grating, Inc. in Harris County; Account No. HG-3509-V; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Linda Sorrells).

Remand to Executive Director

Item 39. Docket No. 96-0597-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Strouhal Tire Recapping Plant, Inc in Bexar County; Account No. BG-0718-S; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Carl Schnitz)

Issue Agreed Order, BM/RM

Item 40. Docket No. 96-0598-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of North American Pipe in Tarrant County; Account No. TA-2943-L; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Carl Schnitz)

Issue Agreed Order, BM/RM

Item 41. Docket No. 96-0668-AIR-E. Consideration of an Agreed Order resolving an enforcement action against Woodforest Auto Sales in Harris County; Account No. HG-9149-K; for air quality violations pursuant to the Texas Clean Air Act and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith)

Issue Agreed Order, BM/RM

Item 42. Docket No. 96-0852-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Wheel Finance, Inc. in Dallas County; Account No. DB-4166-H; for air quality violations pursuant to the Texas Clean Air Act and the rules of the Texas Natural Resource Conservation Commission. (David Edge)

Issue Agreed Order, BM/RM

Item 43. Docket No. 96-0135-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of S and W Auto Sales in Tarrant County; Account No. TA-3054-V; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (David Edge)

Issue Agreed Order, BM/RM

Item 44. Docket No. 96-0851-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Terry's Motors in Tarrant County; Account No. TA-3137-Q; for air quality violations pursuant to the Texas Clean Air Act and the rules of the Texas Natural Resource Conservation Commission. (David Edge)

Issue Agreed Order, BM/RM

Item 45. Docket No. 96-0047-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Buffalo Auto Sales Inc., II in Harris County; Account No. HG-2915-N; 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. (Lisa Newcombe).

Issue Agreed Order, BM/RM

Item 46. Docket No. 96-1135-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Laidlaw Environmental Services Response (FS), Inc., in Harris County; Account No. HG-4338-R; 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. (Peter Gregg).

Issue Agreed Order, BM/RM

Item 47. Docket No. 96-1134-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Matamoros Meat Market in Harris County; Account No. HG-2779-U; 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 Conseration Commission. (Patricia Capps).

Issue Agreed Order, BM/RM

CONTESTED (Petroleum Storage Tank Enforcement)

Item 48. Docket No. 96-1239-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Stephen Fine in Kerr County; Enforcement ID No. E10776; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Paul C. Sarahan).

Issue Agreed Order, RM/BM

Item 49. Docket No. 96-0491-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of ANA, Inc. in Harris and Brazoria Counties, PST Enforcement Identification No. E11321; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)

Issue Agreed Order, RM/BM

Item 50. Docket No. 96-1242-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dollar Systems, Inc., in Harris County; Enforcement ID No. E10649; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (William C. Foster).

Issue Agreed Order, RM/BM

Item 51. Docket No. 96-0947-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Walker Sims Oil Co., Inc. in Yoakum County; PST Enforcement Identification No. E11555; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)

Issue Agreed Order, RM/BM

Item 52. Docket No. 96-0892-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of National Car Rental in El Paso County; PST Enforcement Identification No. E11554; 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, RM/BM

Item 53. Docket No. 96-0891-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of University of Texas at El Paso in El Paso County; PST Enforcement Identification No. E11510; 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, RM/BM

Item 54. Docket No. 96-0402-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Valley View, Inc. in Hidalgo County; PST Enforcement Identification No. E10862; 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, RM/BM

Item 55. Docket No. 96-1216-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Triple S Petroleum, Inc. in Travis County; PST Enforcement Identification No. E11104; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak)

Issue Agreed Order, RM/BM

Item 56. Docket No. 96-1226-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Eliseo Abad in Galveston County; Account No. E-10520; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Patricia Capps).

Issue Agreed Order, RM/BM

Item 57. Docket No. 96-1204-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cowtown Boys Limited Co. in Tarrant County; Enforcement I.D. No. E-10527; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Patricia Capps).

Issue Agreed Order, RM/BM

Item 58. Docket No. 96-0804-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cawthron Oil, Inc. in Stephens County; PST Enforcement Identification No. E11339; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Connie Wong)

Issue Agreed Order, RM/BM

Item 59. Docket No. 96-0636-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Guadalupe Moreno in Webb County; PST Enforcement Identification No. E11533; 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, RM/BM

Item 60. Docket No. 96-1126-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Entex, Incorporated in Harris County; PST Enforcement Identification No. E10936; 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, RM/BM

CONTESTED (Rules)

Item 61. Docket No. 96-1296-RUL. Consideration to approve the following reports, (1) The 1993 and 1994 Revisions to the State of Texas Water Quality Management Plan; (2) South East Texas Regional Planning Commission's Water Quality Management Plan Updates (March, 1992; January, 1993; January, 1994; and May, 1996); (3) Central Texas Council of Governments' Water Quality Management Plan Review and Update (May, 1992) and Water Quality Management Planning in the Central Texas Region (1995); (4) Wasteload Estimates and Projections for the Houston Ship Channel Watershed, Segment 1007 (July, 1992); (5) Gulf Coast Region Water Quality Management Planning Document (August, 1991; December, 1993; August, 1994; and August, 1995); (6) Ark-Tex Council of Governments Population and Wastewater Flow Projections (August, 1991 and March, 1993) as adopted revisions to the State of Texas Water Quality Management Plan (WQMP) and certify them to the Environment Protection Agency to satisfy federal water quality management planning requirements. (L. Brookins)

Approve Reports as Recommended, JB/RM

Item 62. Docket No. 96-1267-RUL. Consideration for publication of and hearing on a proposed new 30 TAC Chapter 106, Subchapter G, Section 106.181, concerning Boilers, Heaters, and Other Combustion Devices. If adopted, this rule would exempt qualified used oil burning boilers, heaters, and other combustion devices from air quality permitting requirements. (Rule Log Number 96149 -106-AI) (Jim Dodds, 239-0970, Susan Blevins, 239-1296)

Approve publication and hearing, JB/RM

Item 63. Docket No. 96-1271-RUL. Consideration for publication of and hearing on the proposed repeal of 30 TAC Chapter 121, regarding Control of Air Pollution From Municipal Solid Waste Facilities, and revisions to the State Implementation Plan regarding the repeal. The proposed repeal would remove requirements which have become obsolete. (Rule Log No. 96144-121-AI) (Mike Magee, 239-1511)

Approve publication and hearing, RM/BM

Item 64. Docket No. 96-0731-RUL. Consideration for adoption of new 30 TAC Chapter 11, concerning Contracts. The new chapter adopts by reference the Historically Underutilized business Certification Program rules of the Texas General Services Commission and establishes guidelines for managing the commission's contracting goals. The proposed rule was published in the May 28, 1996 issue of the Texas Register (21 TexReg 4670). (Vanessa McQueen), (Brian Christian) (Rule Log No. 96116-011-AD).

Approve Adoption of New 30 TAC Chapter 11, RM/JB

Item 65. Docket No. 96-1303-RUL. Consideration for publication of notice and hearing on a petition from the North Central Texas Council of Governments requesting authorization to establish an Area Emission Reduction Credit Organization in the Dallas/Fort Worth ozone nonattainment area pursuant to Chapter 384 of the Texas Health and Safety Code. (Ruth Reiman, 239-1219; Mike Magee, 239-1511) (Rule Log No. 96151-000-AI)

Approve publication and hearing on a petition from North Central Texas Council of Government, BM/RM

Item 66. Docket No. 96-1279-RUL. Consideration for publication of and hearing on a proposed new 30 TAC Chapter 7, Section 7.110, concerning a Memorandum of Understanding (MOU) between the Texas Natural Resource Conservation Commission and the Texas Department of Public Safety. The MOU establishes areas of agency responsibility and a formal mechanism by which the two agencies will share information and coordinate Inspection/Maintenance program planning, implementation, oversight, and evaluation. (Thomas Ortiz) (Rule Log No. 96125-007-AI).

Approve publication and hearing on a proposed 30 TAC Chapter 7, Section 7.110, BM/JB

Item 67. Docket No. 96-1230-RUL. Consideration for publication of proposed new 30 TAC Chapter 330, Subchapter N, Sections 330.401-330.419, concerning Landfill Mining. If adopted, the rules will set the design and operational standards for management of the extraction of usable materials from municipal solid waste landfills and will conform to recent statutory requirements. (Wayne Lee) (Rule Log No. 95139-330-WS).

Approve publication of proposed new 30 TAC Chapter 330 Subchapter N and hold a public hearing, RM/BM

Item 68. Docket No. 96-0682-RUL. Consideration for adoption of new 30 TAC Chapter 111, Subchapter B, Sections 111.201-111.221, concerning Outdoor Burning. The new sections would establish statewide regulatory requirements for outdoor burning. The proposed rules were published in the May 21, 1996 issue of the Texas Register (21 TexReg 4395) (Terry Leifeste) (Rule Log No. 95143-111-AI).

Approve adoption of New 30 TAC Chapter 111, Subchapter B, Sections 111.201 - 111.221, RM/JB

CONTESTED (Administrative Law Judge's Proposals for Decisions)

Item 69. Docket No. 95-1475-MWD. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application for Johnson County FWSD No. 1 for an Amendment to Permit No. 10532-001 to authorize an increase in the discharge of treated domestic wastewater effluent from a final phrase volume of 450,000 gpd to a final phase volume of 700,000 gpd in Johnson County, Texas, and Segment No. 0828 of the Trinity River Basin. Recommendation: Issuance of amended permit. ALJ: Carol Wood

Adopt Proposal for Decision and Issue Order, RM/BM

Item 70. TNRCC Docket No. 96-0267-UCR; SOAH Docket No. 582-96-0503. Consideration of the Administrative Law Judge's Proposal for Decision & Order concerning the Application of Cindy Day dba Medina Water Services for a transfer of Certificate of Convenience and Necessity No. 11593 from Bandera Water Company. CCN No. 11593 authorizes the provision of water utility service to approximately 103 customers in the River Bend Estates & Enchanted River Estates Subdivisions in Bandera County, Texas. Recommendation: Approve application and transfer CCN. ALJ: Sylvia McClellan

Adopt Proposal for Decision and Issue Order, RM/BM

EXECUTIVE SESSION

Item 71. Docket No. 96-1320-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 72. Docket No. 96-1321-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

(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.)(PERSONS WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TNRCC AGENDA ARE REQUESTED TO CONTACT DOUGH KITTS IN THE OFFICE OF CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE ARRANGEMENTS CAN BE MAKE.)

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, August 21, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 73. Docket No. 95-0057-MSW; SOAH Docket No. 582-95-1057. The Commission will consider a motion for rehearing concerning the application by Silver Creek Materials, Inc. for permit No. MSW 2216. The Commission's order approving the withdrawal of the application without prejudice was mailed on June 28, 1996. The application concerned a composting facility in Tarrant County.

Grant Motion for Rehearing to Correct Order, BM/RM

Item 74. Docket No. 96-1372-WR. AMENDMENT TO CERTIFICATE OF ADJUDICATION NO. 23-835 OF BAYVIEW IRRIGATION DISTRICT NO. 11. The Thirteenth District Court of Appeals of Texas, by judgement nunc pro tunc of June 20, 1996, ordered a correction to the Class A irrigation water rights authorization of Bayview Irrigation District No. 11. The amendment to Certificate of Adjudication 23-835 represents the total water rights of Bayview Irrigation District No. 11, considering the Court of Appeals' judgement and prior assignments and transfers of rights out of this certificate to other water rights holders. The amendment includes a Special Condition requiring the certificate owner to adopt and implement water conservation measures. Staff recommends approval of the amendment. (Kellye Rila)

Amend Certificate of Adjudication to Reflect Correction, RM/JB

Item 75. Docket Nu. 96-1377-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS PENDING LITIGATION: In Re Tejas Testing Technology One, L.C. and Tejas Testing Technology Two, L.C., Case Nos 95-12265 and 95-12266, Jointly Administered under Case No. 95-12265-FM in the United States Bankruptcy Court for the Western District of Texas--Austin Division; and Tejas Testing Technology One, L.C. and Tejas Testing Technology Two, L.C., Plaintiffs v. Texas Natural Resource Conservation Commission, Barry McBee, Ralph Marquez, John Baker, Dan Pearson, Dan Morales, James R. Wilson, and William G. Burnett, Defendants, Cause No. A-96-CA-70JRN, in the United States District Court for the Western District of Texas--Austin Division, and Cause No. 95-14621 in the Travis County District Court, 345th Judicial District. The authority for the closed session is Section 551.071 of the Open Meetings Act, codified as Chapter 551 of the Government Code. The Act requires the Commission to reconvene in open session before taking any vote or making any decision. The Commission may meet in open session to take official action on legal matters with respect to this item.

No Action Taken

Item 76. Docket No. 96-1378-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Chief Clerk 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 as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.

Continued to August 28, 1996

OLD BUSINESS AGENDA

Wednesday, August 21, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of June 12, 1996.

Item 1. Docket No. 96-0069-AIR-E. Consideration of an Agreed Order requiring certain actions of Sun City Redi-Mix, Inc. in El Paso County; Account No. 92-0634-H; for air quality violations pursuant to the Texas 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/JB

Item carried forward from Agenda of June 12, 1996.

Item 2. Docket No. 95-1571-DIS. Consideration of a petition filed on behalf of the Canyon Regional Water Authority and Atascosa Rural Water Supply Corporation, requesting Commission supervision over the Edwards Underground Water District pursuant to Section 12.081 of the Texas Water Code.

No Action Required

Item carried forward from Agenda of May 29, 1996 and June 12, 1996.

Item 3. Docket No. 96-0905-EXE. The Commission will meet in closed session to receive legal advice on the scope of the Commission's jurisdiction over the Edwards Underground Water District (District) and on legal options regarding Commission supervision of the District, pursuant to Section 551.071 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 this matter, as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.

No Action Required

Item carried forward from Agenda of June 26, 1996.

Item 4. Docket No. 96-0882-IWD. KOCH AGRICULTURE COMPANY, INC. for an amendment to Permit No. 01439 to authorize an increase in the number of head located at the cattle feedlot from 40,000 head to a maximum of 50,000 head to reflect the actual operating capacity of the feedlot. The waste treatment facilities include 18 existing storage ponds for waste and wastewater retention. Wastewater is disposed on-site by evaporation and irrigation on 120 acres of agricultural land. Waste is disposed off-site by the use of contract haulers. No discharge of pollutants into the waters of the State is authorized by this permit. The cattle feedlot is on the east side of SPUR 331 approximately 0.25 mile northwest of the intersection of SPUR 331 and U.S. Highway 84 in Lubbock, Lubbock County, Texas. The Commission will consider the application and hearing requests and protests that have been filed on the application. (Tom Weber/Bob Sweeney)

Continued to September 18, 1996

Item carried forward from Agenda of July 24, 1996.

Item 5. Docket No. 96-1071-AIR. UNIMIN CORPORATION for Air Quality Permit No. 32024 to authorize construction and operation of a Silica Sand Processing Facility. The proposed site is located 1.8 miles Southeast of Voca an Hwy. 71 in Voca, McCulloch County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Laura Rowan/Alex Berksan)

Continued to September 18, 1996

Item carried forward from Agenda of July 24, 1996.

Item 6. Docket No. 96-1011-IHW. The Commission will consider whether to affirm, modify, or set aside emergency order 96-1011-IHW, issued to Amoco Petroleum Products, Refining Business Group of Texas City, Galveston County, Texas.

Affirm Emergency Order, RM/JB

Item carried forward from Agenda of July 10, and July 24, 1996.

Item 7. Docket No. 96-0490-RUL. Consideration for adoption of amendments to 30 TAC Chapter 291, concerning water rates. If approved, these amendments would allow the implementation of a previously approved temporary water rate during times of mandatory water use reductions and would update references, conform the rules to a recent statutory change and correct typographical errors. The proposed rules were published in the April 16, 1996 issue of the Texas Register (21TexReg 3315). (Steve Blackhurst) (Rule Log No. 95208-291-WT).

Adopt amendments as recommended by staff, JB/RM