CONTESTED (Hearing Request) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Item 1. | Docket No. 96-1655-MSW. BROWNING-FERRIS INC. for an amendment to their municipal solid waste permit (Proposed Permit Amendment No. MSW 1749-A). The amendment would authorize a vertical expansion to their existing Type IV (Landfill) municipal solid waste management facility. The site covers about 85 acres of land and is proposed to receive about 3,400 cubic yards of Type IV municipal solid waste per day for disposal or other processing. The facility is located about 0.5 mile east of the M-K-T Railroad, 4,500 feet south of the Lewisville Dam, in Lewisville, Denton County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application (Margaret Ligarde/Susan Janek) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
No Action Required | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Item 2. | Docket No. 96-1691-AIR. MOBIL OIL CORPORATION for renewal of Air Quality Permit No. 1202 for a Boiler and Turbine Generator No. 22. The existing facility is located at the end of Burt Street in Jefferson County, Beaumont, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Maria Sanchez/Melissa Forey) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Deny Hearing Request and Issue Renewal, RM/JB. All Commissioners Agree. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Item 3. | Docket No. 96-1693-IWD. TOWN OF BAYSIDE for an amendment to Permit No. 03487 to authorize an increase in the discharge volume. The proposed amendment would increase the discharge of reverse osmosis reject water from a volume not to exceed an average flow of 11,000 gallons to a volume not to exceed an average flow of 30,000 gallons per day. The applicant operates the Town of Bayside's reverse osmosis water treatment plant. The plant site is at the intersection of Fourth Street and Park Street on the south side of Farm-to-Market Road 136 in the Town of Bayside in Refugio County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/ Robert Martinez) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Deny Hearing Request and Issue Amendment, RM/JB. All Commissioners Agree. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Item 4. | Docket No. 95-1590-MWD. CITY OF MOUNT PLEASANT for an amendment to Permit No. 10575-04 to authorize an increase in the discharge volume. The proposed amendment would increase the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 2,530,000 gallons per day to a volume not to exceed an average flow of 2,910,000 gallons per day. The wastewater treatment facilities are approximately 5,000 feet east of U.S. Highway 271 and approximately 11,000 feet north of the crossing of U.S. Highway 271 and Big Cypress Creek in Titus County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Robert Martinez) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Deny Hearing Request and Issue Amendment, RM/JB. All Commissioners Agree | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
CONTESTED (Authorization to Construct)Item 5.
| Docket No. 96-1777-MWD. Consideration of Sierra Health
Systems Management request for an Order authorizing
commencement of construction of a wastewater treatment and
disposal facility prior to Commission consideration of its
application for a wastewater discharge permit. The proposed
authorization to construct would not permit the discharge of any
wastewater. (Caroline M. Sweeney/Phillip B. Urbany)
| Approve Authorization To Construct, JB/BM. All Commissioners Agree
|
| CONTESTED (Temporary Order)
| Item 6.
| Docket No. 96-1822-MWD. Consideration of Sierra Health
Systems Management's request for a Temporary Order
authorizing disposal of treated wastewater by subsurface drip
irrigation prior to Commission consideration of its application for
a wastewater discharge permit. (Caroline M. Sweeney/Philip B.
Urbany)
| Approve Temporary Order, JB/BM. All Commissioners Agree
|
| CONTESTED (Agreed Air Enforcements) | Item 7.
| Docket No. 96-0954-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Redi-Mix, Incorporated in Collin County; Account No.
CP-0135-G; 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, JB/RM. All Commissioners Agree
| Item 8.
| Docket No. 96-1199-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Occidental Chemical Corporation in Matagorda County; Account
No. MH-0040-N; for air quality violations pursuant to the Texas
Clean Air Act, Chapter 382 and the rules of the Texas Natural
Resource Conservation Commission. (Miriam Hall) | Issue Agreed Order, JB/RM.
All Commissioners Agree | Item 9.
| Docket No. 96-1123-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Ryder Truck Rental in El Paso County; Account No. EE-1046-M;
for Air Quality violations pursuant to the Texas Clean Air Act,
Chapter 382 and the rules of the Texas Natural Resource
Conservation Commission. (Tel Croston) | Issue Agreed Order, JB/RM. All Commissioners Agree
| Item 10.
| Docket No. 96-1518-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Tramel Auto Sales in Kaufman County; Account No. KB-0153-H;
for air quality violations pursuant to the Texas Clean Air Act,
Chapter 382 and the rules of the Texas Natural Resource
Conservation Commission. (Mary Jennings) | Issue Agreed Order, JB/RM. All Commissioners Agree
| Item 11.
| Docket No. 96-1252-AIR-E. Consideration of an Agreed Order
requiring certain actions of Spain Oil Company in Bexar County;
Account No. BG-0886-T; for air quality violations pursuant to the
Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural
Resource Conservation Commission. (Stacey Young) | Issue Agreed Order, JB/RM. All Commissioners Agree
| Item 12.
| Docket No. 96-0688-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of J
and J Motors in Dallas County; Account No. DB-3411-B 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. (Sheila Smith) |
| Issue Agreed Order, JB/RM. All Commissioners Agree | Item 13.
| Docket No. 96-1200-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Rohm and Haas Texas, Incorporated in Harris County; Account No.
HG-0632-T; for air quality violations pursuant to the Texas Clean
Air Act, Chapter 382 and the rules of the Texas Natural Resource
Conservation Commission. (Randy Norwood) | Issue Agreed Order, JB/RM.
All Commissioners Agree | Item 14.
| Docket No. 96-1523-AIR-E. Consideration of an Agreed Order
requiring certain actions of Larson-Juhl in Dallas County; Account
No. DB-3528-C; 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. (William C. Foster). |
| Issue Agreed Order, JB/RM. All Commissioners Agree | Item 15.
| Docket No. 96-1525-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Jewel's Auto Sales in Johnson County; Account No. JH-0278-G; 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. (William Ballard). |
| Issue Agreed Order, JB/RM. All Commissioners Agree | Item 16.
| Docket No. 96-1524-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Smith Industries Liquidating Trust, as successor in interest to Smith
Industries, Inc. in Harris County; Account No. HG-0664-G; 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. (Paul Sarahan). |
Issue Agreed Order, JB/RM. All Commissioners Agree | Item 17.
| Docket No. 96-1254-AIR-E. Consideration of an Agreed Order
requiring certain actions of Auto Body Center, Incorporated in
Tarrant County; Account No. TA-2972-E; for air quality violations
pursuant to the Texas Clean Air Act, Chapter 382 and the rules of
the Texas Natural Resource Conservation Commission. (Kevin
Cauble) | Issue Agreed Order, JB/RM. All Commissioners Agree |
| Item 18.
| Docket No. 96-0778-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
ISK Biosciences Corporation in Harris County; Account No.
HG-0195-U; for air quality violations pursuant to the Texas Clean
Air Act, Chapter 382 and the rules of the Texas Natural Resource
Conservation Commission. (Lance Owens) | Issue Agreed Order, JB/RM. All Commissioners Agree
| Item 19.
| Docket No. 96-1173-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Cargill, Incorporated in Hansford County; Account No. HD-0017-J;
for air quality violations pursuant to the Texas Clean Air Act,
Chapter 382 and the rules of the Texas Natural Resource
Conservation Commission. (Kevin Cauble) | Remand to Staff |
| Item 20.
| Docket No. 96-0620-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Big "G" Auto Sales in Wharton County; Account No. WF-0153-C;
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. (Sheila Smith) | Issue Agreed Order, JB/RM. All Commissioners Agree
| Item 21.
| Docket No. 96-1119-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
NAPA Rayloc, Division of Genuine Parts Company in Earth
County; Account No. EF-0007-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, JB/RM. All Commissioners Agree | Item 22.
| Docket No. 96-1014-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Modern Welding Company of Texas, Incorporated in Harris County;
Account No. HG-3517-W 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. (Sheila Smith) | Issue Agreed Order, JB/RM.
All Commissioners Agree | Item 23.
| Docket No. 96-0792-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Lake Pointe Medical Center in Rockwall County; Account No. RJ-0052-T; 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. (David
Edge) | Remand to Executive Director, JB/RM. All Commissioners Agree
|
| CONTESTED (Agreed Petroleum Storage Tank Enforcements) | Item 24.
| Docket No. 96-0425-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Lake Oil Company in Colorado County; Enforcement ID No.
E10568; for petroleum storage tank violations pursuant to Chapter
26 of the Texas Water Code and the rules of the Texas Natural
Resource Conservation Commission. (Raymond Winter). | Issue Agreed Order, RM/BM. All Commissioners Agree
| Item 25.
| Docket No. 96-1393-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Primeco, Inc. in Harris County; Enforcement ID No. E11016;
Facility No. 24593; for petroleum storage tank 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/BM. All Commissioners Agree | Item 26.
| Docket No. 96-0643-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Dr. Maria Louisa Garza and Mr. James Kim in Nueces County;
Enforcement I.D. No. E11532; for violations 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/BM. All Commissioners Agree |
| CONTESTED (Petroleum Storage Tank Enforcement Orders) | Item 27.
| Docket No. 96-1423-PST-E. Consideration of an Enforcement
Order requiring certain actions of P.W. Jones Oil Company, Inc. in
Hardeman County; Facility ID No. 5177; for petroleum storage tank
violations pursuant to Chapter 26 of the Texas Water Code, and the
rules of the Texas Natural Resource Conservation Commission.
(Raymond C. Winter). | Issue Enforcement Order, RM/JB. All Commissioners Agree | Item 28.
| Docket No. 96-1425-PST-E. Consideration of an Enforcement
Order requiring certain actions of P.W. Jones Oil Company, Inc. in
Hardeman County; Facility ID No. 49598; for petroleum storage
tank violations pursuant to Chapter 26 of the Texas Water Code, and
the rules of the Texas Natural Resource Conservation Commission.
(Raymond C. Winter | Issue Enforcement Order, RM/JB. All Commissioners Agree | Item 29.
| Docket No. 96-1395-PST-E. Consideration of an Enforcement
Order requiring certain actions of Ekrut Oil Company and Ronald
Buice in Nacogdoches County; Facility No. 43847; for petroleum
storage tank violations pursuant to Chapter 26 of the Texas Water
Code, and the rules of the Texas Natural Resource Conservation
Commission. (Raymond C. Winter). | Issue Enforcement Order, RM/JB. All Commissioners Agree | Item 30.
| Docket No. 96-1397-PST-E. Consideration of an Enforcement
Order requiring certain actions of Ekrut Oil Company and Kim
Coalston in Bosque County; Facility No. 6228; for petroleum storage
tank violations pursuant to Chapter 26 of the Texas Water Code, and
the rules of the Texas Natural Resource Conservation Commission.
(Raymond C. Winter). | Issue Enforcement Order, RM/JB. All Commissioners Agree | Item 31.
| Docket No. 96-1394-PST-E. Consideration of an Enforcement
Order requiring certain actions of Ekrut Oil Company and Terry
Spence in Bosque County; Facility No. 43846; for petroleum storage
tank violations pursuant to Chapter 26 of the Texas Water Code, and
the rules of the Texas Natural Resource Conservation Commission.
(Raymond C. Winter). | Issue Enforcement Order, RM/JB. All Commissioners Agree | Item 32.
| Docket No. 96-1396-PST-E. Consideration of an Enforcement
Order requiring certain actions of Ekrut Oil Company and Ashed
Khan in McLennan County; Facility No. 43848; for petroleum
storage tank violations pursuant to Chapter 26 of the Texas Water
Code, and the rules of the Texas Natural Resource Conservation
Commission. (Raymond C. Winter). | Issue Enforcement Order, RM/JB. All Commissioners Agree |
| CONTESTED (Agreed Public Water Supply Enforcement
Order) | Item 33.
| Docket No. 96-0982-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Don Gale dba Eagle Point Estates in Wood County; PWS 2500049;
for public water system violations pursuant to the Texas Health and
Safety Code and the rules of the Texas Natural Resource
Conservation Commission. (Dorothy Young) | Issue Agreed Order, RM/JB. All Commissioners Agree |
| CONTESTED (Rules) | Item 34.
| Docket No. 96-0785-RUL. Consideration for adoption of
amendments to 30 TAC Chapter 327, concerning Spill Prevention
and Control. If approved, the amendments would require initial
reporting of discharges or spills during the normal course of
transportation about which carriers are required to give notice and
report to the United States Department of Transportation. The
amendment would exempt those discharges and spills from
follow-up written reports. The proposed rules were published in the
July 16, 1996, issue of the Texas Register (21 TexReg 6612). (Clark
Talkington/Marianne Baker) (Rule Log No. 96133-327-AI). | See Item #47 | Item 35.
| Docket No. 96-1805-RUL. Consideration for publication of the
proposed repeal of 30 TAC Chapter 336, concerning Radiation
Rules; for publication of a proposed new 30 TAC Chapter 336,
concerning Radioactive Substance Rules; and for publication of
proposed amendments to 30 TAC Chapter 39, concerning Public
Notice; 30 TAC Chapter 50, concerning Action on Applications; 30
TAC Chapter 281, concerning Applications Processing; and 30 TAC
Chapter 305, concerning Consolidated Permits. The proposed
amendments and new language would incorporate, and revise as
appropriate, rules previously adopted by reference from the Texas
Department of Health (TDH) following the transfer of jurisdiction
over source material recovery and processing and disposal of
radioactive substances from the TDH to the commission. The
proposed amendments and new language would also maintain
compatibility of commission rules with the United States Nuclear
Regulatory Commission, which is necessary to preserve the status of
Texas as an Agreement State. (Devane Clarke, Kathy Vail) (Rule
Log No. 95031-336-WS). | Continued to December 18, 1996 | Item 36.
| Docket No. 95-1034-RUL. Consideration for adoption of
amendments to 30 TAC Chapter 334, Subchapter K, concerning
Petroleum Substance Waste. If approved, the amendments would
provide for: terminology updates; and Executive Director variance;
denial, suspension, and revocation of registrations; new renewal of
registration provisions; and exemption from the requirements of 30
TAC Chapter 334 for petroleum contaminated soil treatment
facilities located at municipal landfills; new notice/public meeting
requirements; a change to the spill reporting requirement; and
movement of general financial assurance requirements to a new
chapter. The proposal was published in the July 26, 1996, issue of
the Texas Register (21 TexReg 6974) (Janet Bauchman) (Rule Log
No. 95120-334-WS). | Adopt amendments to 30 TAC Chapter 334, Subchapter K, BM/RM. All
Commissioners Agree | Item 37.
| Docket No. 96-1267-RUL. Consideration for adoption of a new 30
TAC Chapter 106, Subchapter G, Section 106.181, concerning Small
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.
The proposed rules were published in the September 3, 1996, issue
of the Texas Register (21 TexReg 8384). (Rule Log No.
96149-106-AI). (Beecher Cameron and Susan Blevins) | Adopt New 30 TAC Chapters 106, Subchapter G, Section 106.181, RM/JB. All
Commissioners Agree | Item 38.
| Docket No. 96-1290-RUL. Consideration for adoption of the repeal
of 30 TAC Sections 113.1-113.3 and 113.7-113.13, concerning
Inorganic Fluoride Compounds, and new Section 113.21, concerning
Berryllium. If adopted, the amendments would cause inorganic
fluoride air emissions to be controlled by individual New Source
Review permits instead of by rule. The proposal was published in
the September 10, 1996 issue of the Texas Register (21 TexReg
8646). (Sam Wells) (Rule Log No. 96101-113-AI). | Adopt Repeal of 30 TAC Sections 113.1 - 113.3 and 113.7 - 113.13 and New
113.21, JB/BM. All Commissioners Agree | Item 39.
| Docket No. 96-1180-SIP. Consideration for adoption of a revision
to the State Implementation Plan for the Dallas/Fort Worth ozone
nonattainment area. The revision would authorize the Texas
Instruments Lemmon Avenue facility to use an alternate reasonably
available control technology as allowed in 30 TAC Chapter 115,
Section 115.427, concerning Exemptions, in lieu of the control
technology requirements specified in 30 TAC Section 115.421,
concerning Surface Coating Processes. (Sam Wells) (Rule Log No.
96130-SIP-AI). | Adopt State Implementation Plan, RM/BM | Item 40.
| Docket No. 96-0695-RUL. Consideration for adoption of 30 TAC
Chapter 39, concerning public notice. If adopted, the new chapter
would organize and clarify the public notice of application
requirements for several types of applications, including applications
for municipal solid waste permits, hazardous waste permits,
wastewater discharge permits, and injection well permits. The
proposed rules were published in the Texas Register at 21 TexReg
5539 (June 18, 1996). (Richard O'Connell) (Rule Log No.
96124-039-AD) | Approve for final adoption the rules as discusses and amended by the
Commissioners, BM/RM. All Commissioners Agree. | | Item 41.
| Docket No. 96-0932-RUL. Consideration for adoption of the repeal
of 30 TAC Chapter 305, Subchapter E, concerning consolidated
permits. If adopted, all remaining sections in Subchapter E would be
repealed. The proposed repeal was published in the Texas Register
at 21 TexReg 5842 (June 25, 1996). The rules contained in this
subchapter will be recodified in Chapter 39, concerning public
notice. (Richard O'Connell)(Rule Log No. 96123-263-AD) | Repeal 30 TAC 305, with exception of the subchapter dealing with public
comments, BM/RM. | Item 42.
| Docket No. 96-1809-RUL. Consideration for publication of, and
hearing upon, the proposed repeal of 30 TAC Section 116.211,
concerning Standard Exemption List, and 30 TAC Section 116.212,
concerning Public Notice and Comment Procedures; and
consideration for publication of, and hearing upon, proposed
amendments to 30 TAC Chapter 106, concerning Exemptions from
Permitting. The amendments would incorporate the standard
exemptions contained in Section 116.211 and hearing notice
requirements of Section 116.212, with no substantial changes, into
new sections of Chapter 106 organized by facility tope. The primary
purpose of the proposed repeals and amendments is to provide the
commission greater flexibility in rulemaking related to standard
exemptions. (Rule Log No. 96181-106-AI). (Beecher Cameron) | Approve Publication and Hearing, RM/BM. All Commissioners Agree | Item 43.
| Docket No. 96-0650-RUL. Consideration for adoption of a new 30
TAC Chapter 37, concerning Financial Assurance Requirements and
Mechanisms; and for adoption of amendments to 30 TAC Chapter
332, Subchapter D, concerning Compost Facilities Requiring a
Permit. If approved, these rules would provide requirements for
financial assurance for permitted compost facilities and registered
Class A or B petroleum-substance contaminated soil, storage,
treatment, and reuse facilities. The rules would also serve as a
template for any further consolidation of requirements for financial
assurance. The proposed rules were published in the July 26, 1996,
issue of the Texas Register (21 TexReg 6945). (Rule Log No.
96127-037-AD) (Brian Christian) | Adopt New 30 TAC Chapter 37, RM/BM. All Commissioners Agree |
| EXECUTIVE SESSION | Item 44.
| Docket No. 96-1844-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. | Continued to December 13, 1996 | Item 45.
| Docket No. 96-1845-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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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. | |
Item 46. | Docket No. 96-1480-UCR. Consideration of Motions for Reconsideration of the Executive Director's approval of the application of Travis County Municipal Utility District No. 4 to operate and maintain facilities and transfer sewer Certificate of Convenience and Necessity (CCN) No. 20654 from the Estates of Barton Creek Utilities, Inc. in Travis County, Texas. |
Deny MFR and grant Transfer of CCN and the operating authorities, RM/JB. I make a motion to table my motion, RM/BM. All Commissioners Agree. Continued to January 8, 1997 and extend time to act for additional 30 days, BM/RM. All Commissioners Agree | |
Item 47. | Docket No. 96-0785-RUL. Consideration for adoption of amendment to 30 TAC Chapter 327, concerning Spill Prevention and Control. If approved, the amendments would require initial reporting of discharges or spills during the normal course of transportation about which carriers are required to give notice and report to the U.S. Department of Transportation. Only spills and discharges from railroad transportation would continue to be exempted. The amendment would exempt all of those discharges and spills, including those from railroads, from follow-up written reports. The proposed rules were published in the July 16, 1996, issue of the Texas Register (21 Tex.Reg. 6612). (Clark Talkington/Marianne Baker) (Rule Log No. 96133-327-WS) |
Approve Adoption of amendment to 30 TAC Chapter 327, RM/JB. All Commissioners Agree | |
Item 48. | Docket No. 96-1869-CON. Consideration of a Commission Resolution authorizing the Executive Director to amend Contract No. 5501000000, the site activities services at leaking petroleum storage tank (LPST) site contract between the TNRCC and Applied Earth Sciences, Inc. The amendment will add $500,000 to the contract to provide site activities which occur in response to situations causing a threat to human health and safety. This amendment will raise the total contract amount from $1,000,000.00 to $1,500,000.00. If you have any questions, please call me at Ext. 2106. |
Approve Contract, RM/BM. All Commissioners Agree | |
Item 49. | Docket No. 96-1879-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Director of Communications 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. |
No Action Taken | |
Item 50. | Docket No. 96-1887-CON. Consideration of a request for an appropriation to compensate MARTA Technologies, Inc. in accordance with section 9.3 of the Contract for the Motor Vehicle Inspection/Maintenance Program, State of Texas, El Paso Region. |
Continued to December 18, 1996 | |
Item 51. | Docket No. 96-1888-EXE. The Texas Natural Resource Conservation Commission will meet in closed session 1) to receive legal advice on the petition of the Environmental Defense Fund to withdraw EPA delegation of the Underground Injection Control programs of the Texas Natural Resource Conservation Commission under the Safe Drinking Water Act. The Commission will also receive legal advice on issues related to EPA delegation to the Commission of the hazardous waste program as authorized under Section 3006 of the Resource Conservation and Recovery Act, and on issues related to the Commission's application submitted to the EPA concerning delegation of the National Pollutant Discharge Elimination System program to the Commission; and 2) to discuss following pending litigation: The Texas Natural Resource Conservation Commission and the State of Texas vs. United States Environmental Protection Agency, No. 96-60544, in the United States Court of Appeals for the Fifth Circuit; The Texas Natural Resource Conservation Commission and the State of Texas vs. Carol Browner, Administrator of the United States Environmental Protection Agency and the United States Environmental Protection Agency, No. 96-1283, in the United States Court of Appeals for the District of Columbia Circuit; The Texas Natural Resource Conservation Commission and the State of Texas vs. Carol Browner, Administrator of the United State Environmental Protection Agency and the United States Environmental Protection Agency, No. 96-1304, in the United States Court of Appeals for the District of Columbia Circuit. The authority for this meeting is 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 Government Code. |
No Action Taken | |
Item carried forward from Agenda of September 11, and November 6, 1996. | |
Item 1. | Docket No. 96-1215-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of West Texas Gas, Inc. in Tom Green County; PST Enforcement I.D. No. E11347; for petroleum storage tank violations pursuant to the Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Glenn Hall). |
Continued to December 18, 1996 | |
Item carried forward from Agenda of Nov 20, 1996. | |
Item 2. | Docket No. 96-1577-AIR. LONE STAR INDUSTRIES, INC. for Air Quality Permit No. 7681 authorizing the continued operation of the Raw Mills and Heaters Facility. The facility id located 3/4 mile north of Naryneal on the State Highway 608 West in Sweetwater, Nolan County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Laura Rowan/Mike Gould) |
Deny Hearing and Issue Permit, JB/RM. All Commissioners Agree | |
Item carried forward from Agenda of November 6, 1996 and November 20, 1996. | |
Item 3. | Docket No. 96-1727-PC. Consideration of an Order approving a "Forbearance Agreement" between the Executive Director of the Commission and Baby Superstores, Inc. under which the Commission agrees to forbear from taking enforcement action against Baby Superstores from liability that might arise due to contamination at a site owned by the City of Gainesville at 2300 Bonnavilla Dr., Gainesville, Cooke County, Texas, known as the Gainesville Airport. (Bob Sweeney) |
No Action Required | |
Item carried forward from November 20 and November 25, 1996 agendas. | |
Item 4. | Docket No. 96-0953-RUL. Consideration of the adoption of the repeal of 30 TAC Chapter 313 and the adoption of new Chapter 213, relating to the Edwards Aquifer. The new rules establish regulations for activities having the potential for causing pollution of the Edwards Aquifer; streamline and consolidate the predecessor Chapter 313, Edwards Aquifer, as part of the Commission's regulatory reform process; and respond to public comment received pursuant to Section 26.046 of the Texas Water Code. These rules set out the procedures and criteria to be used by the executive director in the review and approval of Edwards Aquifer protection plans. (Rule Log No. 96114-213-WT)(Mary Ambrose) |
Adopt Repeal of 30 TAC Chapter 313 and the Adoption of New Chapter 213, with changes as noted in Redline they provided to us, in the additional change reflected with respect to motion for reconsideration language provided to us by General Counsel, BM/JB. All Commissioners Agree | |
Item carried forward from agenda of November 25, 1996. | |
Item 5. | The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Internal Auditor 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 December 18, 1996 | |
Item carried forward from September 18 and September 25, 1996. | |
Item 1. | TNRCC Docket No. 95-0787 REC; SOAH Docket No. 582-95-1035. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of Virgil P. Pettigrew for approval of preliminary plans for an existing levee in Navarro County. Reclamation No. 0293 Applicant seeks authorization to repair modify an existing levee. Recommendation: Approval of preliminary plans for the modification and repairs of the levee. ALJ: Bill Ehret |
Continued to December 18, 1996 |