MCBEE
MARQUEZ
BAKER

CONTESTED AGENDA

Wednesday, December 4, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 A.M.

Bldg E. Room 201S

12118 N. Interstate 35

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
(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 DOUG 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, December 4, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

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


SECOND ADDENDUM TO AGENDA

Wednesday, December 4, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

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


OLD BUSINESS AGENDA

Wednesday, December 4, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

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


ADDENDUM TO OLD BUSINESS AGENDA

Wednesday, December 4, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

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


OLD BUSINESS AGENDA

Wednesday, December 4, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12118 N. Interstate 35

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