OLD BUSINESS AGENDA


Wednesday, November 5, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12100 Park 35 Circle


Item carried forward from Agenda of September 17, 1997.

Item 1.   Docket No. 97-0416-MLM. Consideration of TNRCC Docket No. 95-1532-MLM, SOAH Docket No. 582-95-1618, and TNRCC Docket No. 96-1533-MLM-E, Soah Docket No. 582-97-0261, concerning AMERICAN ECOLOGY ENVIRONMENTAL SERVICES CORPORATION, which on June 3, 1997, were referred by the Commission to Alternative Dispute Resolution (ADR) for resolution of the remaining issues in these two cases. This hazardous waste storage and recycling facility is operated in Winona, Smith County, Texas. The Executive Director and the Mediator will update the Commission concerning the status of the negotiations in this matter. The Executive Director may discuss options for future proceedings in this case and request action from the Commission on those options. Robin Smith

See Item 51

Item carried forward from Agenda of October 15, 1997.

Item 2.   Docket No. 96-1197-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Maintain, Inc. in Dallas County; Air Account No. DB-3232-D; for air 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. (Cecily Small)

Continued to December 3, 1997

Item carried forward from Agenda of October 15, 1997.

Item 3.   Docket No. 97-0635-RUL. Consideration for the adoption of proposed amendments to 30 TAC Chapters 55 and 80, concerning Public Comment and Contested Case Hearings, and for the adoption of the repeal of 30 TAC Chapter 305, Subchapter E, concerning Action, Notice, and Hearing. The proposed amendments would establish a system for the commission’s consideration of and response to public comments on applications and draft permits for federally authorized UIC, RCRA and NPDES permit programs, both within the contested case hearing process and when there is no contested case hearing on an application. They would also provide for intervention by members of the public in contested case proceedings to enforce UIC and NPDES permits, as long as the state of Texas has authorization from the federal government to administer the particular program. The proposal also concerns the repeal of 30 TAC Chapter 305, subchapter E, the current rules on public comment procedure. The proposal also concerns changes to agency rules to follow the recent passage of Senate Bill 637. The Bill amended the Administrative Procedure Act to allow for an agreed date for when a Commission order is final and appealable. The proposal was published in the August 8, 1997 edition of the Texas Register (22 TexReg 7336). The public comment period closed September 8, 1997.

Adopt Amendments, BM/JB. All Commissioners Agree

Item carried forward from Agenda of April 30, 1997 and June 24, 1997 and October 15, 1997.

Item 4.   Docket No. 95-0616-WR. Consideration of Motion of the City of Corpus Christi, et al. to amend the April 26, 1995 agreed order establishing operational procedures pertaining to special condition 5.B, Certificate of Adjudication No. 21-3214, held by the City of Corpus Christi, Nueces River Authority, and the City of Three Rivers. The motion seeks to suspend Corpus Christi's monthly fresh water pass-through requirement where its reservoir system is below 40% of total storage capacity and it has implemented Condition II of its Drought Contingency Plan.

Continued to February 18, 1997



MCBEE
MARQUEZ
BAKER

AGENDA

Wednesday, November 5, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12100 Park 35 Circle


(CLASS 3 MODIFICATION)

Item 1.   Docket No. 97-0965-IHW. Consideration of an application by Fina Oil and Chemical Company (Big Spring) for a Class 3 modification to permit HW-50140 in accordance with 30 TAC Sections 39.109 and 305.69 (d). The permit authorizes the operation an industrial solid waste management facility. The permit modification will authorize the removal of two waste streams (incorrectly listed in the permit) for application to the site H Land Treatment Unit (LTU), Permit Unit No. 3, and replace them with two correctly identified wastes: change the Site H LTU monitoring well screen slot size from 0.01 inch to 0.02 inch; decrease the number of samples taken from monitoring wells located at the Site H LTU during semi-annual ground-water sampling, from four samples per monitor well to one per monitor well; reduce the frequency of soil pore liquid monitoring from quarterly to semi-annually; and reduce the number of depth intervals from which soil-core samples are taken at the Site H LTU from four depth intervals (0-12 inch (es), 33-54 inches, and 54-60 inches) and also the frequency of sampling from quarterly to semi-annually. The facility is located on a 1167.91 acre tract of land near the intersection of Interstate Highway 20 and Refinery Road in Big Spring, Howard County, Texas. (John Clegg)

Issue Class 3 Modification, RM/JB. All Commissioners Agree

(HEARING REQUEST)

Item 2.   Docket No. 97-0947-AIR. VALERO REFINING COMPANY for Air Quality Permit No. 8373 and PSD-TX-324M8 to modify an existing Sulfur Recovery Unit and Sulften Unit. The location of the existing facility if 5900 Up River Road in Corpus Christi, Nueces County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Chris Kadas/Shashi Pinheiro)

Deny Continuance, RM/JB. All Commissioners Agree. Deny Hearing Request and Issue Permit, RM. Dies for lack of second. Grant hearing request to PACE and remand to State Office Administrative Hearing, allow Alternative Dispute Resolution to coincide with SOAH remand, JB/BM. Marquez voted No.

Item 3.   Docket No. 97-0925-AIR. SERXTEX MATERIALS INC. for Air Quality Permit No. 35132 to construct an Asphalt Concrete Plant. The proposed facility is the 5100 block of Northwest Loop 1604, 0.8 mile east of Interstate Highway 10 in San Antonio, Bexar County, Texas. The Commission will consider the application and the hearing requests filed on the application. (Kerri Rowland/Alan Berskan)

Deny Hearing and Issue Permit, JB/RM. All Commissioners Agree

Item 4.   Docket No. 97-0930-MWD. WILSON ROAD PROPERTIES, LTD. has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a permit (Proposed Permit No. 13870-001) to authorize a discharge to treated domestic wastewater effluent at a volume not to exceed an average flow of 0.099 MGD million gallons per day. The applicant is also requesting a variance to the buffer zone requirements in accordance with 30 TAC Section 309.13(e)(1)(B). The wastewater treatment facility will serve a mobile home park. The plant site is located approximately 3000 feet west by southwest from the intersection of Wilson Road and Atascocita Road; thence 2,500 feet south in the plant property between Garners Bayou and Atascocita Road and approximately 8,000 feet south of Lakeland School in Humble, Texas in Harris County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application.

Remand to Executive Director, RM/JB. All Commissioners Agree

Item 5.   Docket No. 97-0928-MWD. DILLY SHAW TAP SERVICES for a new permit (Proposed Permit No. 13888-001) to authorize a discharge of treated domestic wastewater effluent at an interim volume not to exceed an average flow of 0.100 million gallons per day (MGD) and a final volume not to exceed a daily average flow of 0.200 MGD. The wastewater treatment facility will serve Dilly Shae Tap Services, Inc. The plant site is located approximately 4750 feet west southwest from the intersection of U.S. Route 190 and Farm- to-Market Road 2776 in Brazos County, Texas. The Commission will consider the hearing requests that have been filed on the application.

Grant Hearing Request of SUD, Remand to ADR for 4 to 6 weeks, JB/BM. All Commissioners Agree

Item 6.   Docket No. 97-0929-MWD. CITY OF GRAPEVINE for an amendment of Permit No. 10486-002 to authorize an increase in the discharge volume of treated domestic wastewater effluent. The proposed amendment would authorize an increase in volume from a volume not to exceed an average daily flow of 3.75 million gallons per day (MGD) to a volume not to exceed an average daily flow of 5.75 MGD. the City of Grapevine requests a variance from the buffer zone requirement for property within the 150 foot buffer zone which is not owned by the City under options 309.13(e)(A) and (B). The plant site is located immediately northwest of the intersection of North Scribner and Shady Brook Road in Grapevine in Tarrant County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application.

Continued to Nov 19 1997, BM/JB. All Agree

Item 7.   Docket No. 97-0931-MWD. LAND/HOME DEVELOPMENT SPECIALISTS, INC. for a new permit (Proposed Permit No. 13880-001) to authorize disposal of treated domestic wastewater by drip irrigation on 4.7 acres of non-public access agriculture land at a volume not to exceed an average daily flow of 20,460 gallons per day. The wastewater treatment facility will serve the Horseshoe Village Mobile Home Park. The wastewater treatment facility and disposal site are located approximately 0.25 mile north of the intersection of U.S. Highway 183 and State Highway 29 in Williamson County, Texas. The Commission will consider the application and the hearing requests filed on the application.

Grant Hearing Request, Remand to ADR for 4 to 6 weeks, if mediation fails forward to State Office Administrative Hearings, BM/JB. All Commissioners Agree

(PETITION)

Item 8.   Docket No. 97-0903-AIR. Consideration of a Petition and Proposed Order regarding Designation of Single Property, pursuant to 30 TAC §101.2(b), concerning Multiple Air Contaminant Sources or Properties, submitted by E. I. DuPont de Nemours and Company and Lyondell Petrochemical Co.. If granted the petitioners will have their properties designated as a single property for the purpose of demonstrating compliance with TNRCC regulations and the control of air emissions. (Janis Hudson, Victoria Hsu)

Remand to Staff, Repost for Nov 19, 1997. No Action

(CONTRACT)

Item 9.   Docket No. 97-0986-CON. Consideration of authorizing the Executive Director to amend Contract No. 0800000007 with IT/Davy Joint Venture resolving two outstanding claims for certain work performed at the Sikes Disposal Pits Superfund Site near Crosby, in Harris County, Texas (Barbara Boulware-Wells/Jim Sher)

Continued to November 19, 1997.

(BUDGET)

Item 10.   Docket No. 97-0993-BGT. Consideration of the proposed budget for the watermaster operations in the Rio Grande Water Division for fiscal year 1998 and proposed amount to be assessed against the holders of water rights, pursuant to Section 11.329 of the Texas Water Code, and 30 Texas Administrative Code 12.1, 12.3. 12.5, 303.71 - 303.73, 304.61 - 304.63. The proposed amount to be assessed for Rio Grande watermaster operations during fiscal year 1998 is $550,000, with a base charge of $50.00 to be assessed against each water right account in the Rio Grande Water Division, which extends from Fort Quitman, Texas to the mouth of the Rio Grande River, excluding the watersheds of the Pecos and Devils Rivers, and includes that portion of the Nueces-Rio Grande Coastal Basin lying in Hidalgo, Cameron, Willacy and Starr Counties. (Cindy Martinez)

Grant Budget Request with changes as recommended by staff, BM/JB. All Commissioners Agree

(DISTRICT MATTERS)

Item 11.   Docket No. 97-0590-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HARRIS COUNTY UTILITY DISTRICT NO. 14 FOR APPROVAL OF THE LEVY OF A STANDBY FEE. For Commission consideration. Applicant requests approval of an operations and maintenance standby fee of $31.30 per ESFC per year for Lincoln Green South, Section One and the 371 vacant acres in the District, and a debt service standby fee of $217.77 per ESFC per year for Lincoln Green South, Section One and $22.75 per ESFC per year for the 371 vacant acres in the District. (Robert Cummins)

Approve Standby Fee, RM/JB. All Commissioners Agree

Item 12.   Docket No. 97-0852-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE PETITION OF A LANDOWNER FOR DISSOLUTION OF VIA RANCH MUNICIPAL UTILITY DISTRICT NO. 3. The Petitioner requests that the Commission dissolve the district pursuant to V.T.C.A., Water Code Sections 49.321-49.327. (TNRCC Internal Control No. 042297-D03; Cindy Cartwright)

Approve Dissolution, JB/RM. All Commissioners Agree

Item 13.   Docket No. 97-0851-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 113 FOR APPROVAL OF A FIRE PROTECTION PLAN. For Commission consideration. Applicant requests approval of the fire protection plan and approval of contract providing fire protection services. (TNRCC Internal Control No. 072297-D03, Samuel W. Jones, P.E.)

Approve Fire Protection Plan, JB/RM. All Commissioners Agree

Item 14.   Docket No. 97-0277-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING AN APPLICATION BY VARNER CREEK UTILITY DISTRICT OF BRAZORIA COUNTY FOR LEVY OF A STANDBY FEE. For Commission consideration. Applicant requests Commission approval to levy a standby fee of $5/month to supplement the operations and maintenance account. (TNRCC Internal Control No. 102497-D01, Samuel Jones)

No Action Required

(PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS)

Item 15.   Docket No. 97-0456-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Manuel Garcia, Jr. in Starr County; Enforcement Identification No. 4974 (formerly E11309); 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/JB. All Commissioners Agree

Item 16.   Docket No. 96-1689-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kiva Oil Company and Mr. Michael Clark in El Paso County; PST Enforcement Identification No. 5464 (formerly E11704); for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mick Wilson)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 17.   Docket No. 96-1731-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kiva Oil Company and Mr. Julio Del La Cruz in El Paso County; PST Enforcement Identification No. 5468 (formerly 11706); for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mick Wilson)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 18.   Docket No. 96-1690-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kiva Oil Company in El Paso County; Enforcement Identification No. 5470 (formerly E11705); for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136 and the rules of the Texas Natural Resource Conservation Commission. (Mick Wilson)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 19.   Docket No. 96-0751-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tommy Moss Corporation and Mr. Tajdin Momin in Galveston County; Enforcement Identification No. 4996 (formerly E11237); for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, Texas Health and Safety Code, Chapter 382, and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)

Continued to December 3, 1997
Item 20.   Docket No. 96-1258-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mansoor Virani and Akber Ali Virani in Harris County; Facility ID No. 4964, Enforcement ID No. 40177; for petroleum storage tank and air violations pursuant to Chapter 26 of the Texas Water Code, the Texas Clean Air Act, and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 21.   Docket No. 96-0747-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Campbell Gas & Oil Company in Orange County; Facility ID No. 54154; Enforcement ID No. E-10769; 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/JB. All Commissioners Agree

Item 22.   Docket No. 97-0212-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of National Linen Service in Travis County; Enforcement Identification No. 4383 (formerly E11284); 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/JB. All Commissioners Agree

(PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS)

Item 23.   Docket No. 96-1044-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Karim Momin in Harris County; Facility ID Nos. 457805 and 28161; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman)

Issue Default Order, RM/JB. All Commissioners Agree

Item 24.   Docket No. 96-1092-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Richwood Houston, Inc. in Harris County; Facility ID Nos. 29595 and 27987; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman)

Issue Default Order, JB/BM. All Commissioners Agree

(MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER)

Item 25.   Docket No. 96-1864-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hidalgo County; Municipal Solid Waste Permit No. 1727; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Tim Haase)

Issue Agreed Order, JB/RM. All Commissioners Agree

(MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER)

Item 26.   Docket No. 97-0331-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Beaumont in Jefferson County; Permit No. 10501-020; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)

Dismiss the Penalty and Findings Order of City of Beaumont, RM/JB. All Commissioners Agree

Item 27.   Docket No. 97-0239-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Needville Independent School District in Fort Bend County; Permit No. 12010-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)

Issue Agreed Order, BM/JB. All Commissioners Agree

Item 28.   Docket No. 97-0268-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Dayton in Liberty County; Permit No. 10564-003 for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)

Issue Agreed Order, BM/JB. All Commissioners Agree

Item 29.   Docket No. 97-0361-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rolling Creek Utility District in Harris County; Permit No. 12841-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)

Issue Agreed Order, BM/JB. All Commissioners Agree

Item 30.   Docket No. 97-0582-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Mertens in Hill County; Permit No. 13271-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)

Issue Agreed Order, BM/JB. All Commissioners Agree

(INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER)

Item 31.   Docket No. 97-0171-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of El Paso in El Paso County; Registration No. L-98827 for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)

Issue Agreed Order, BM/JB. All Commissioners Agree

(PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDER)

Item 32.   Docket No. 96-1237-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Groveton in Trinity County; PWS No. 2280001; for Public Water System violations pursuant to the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 33.   Docket No. 97-0154-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Paradise in Wise County; PWS Nos. 2490010 and 2490038; for Public Water System violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier)

Issue Agreed Order, RM/BJ. All Commissioners Agree

Item 34.   Docket No. 97-0596-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Wanda Brown dba Hide-a-Way Harbor in Wood County; PWS No. 2500057; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tracy Harrison)

Issue Agreed Order, RM/JB. All Commissioners Agree

(PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDER)

Item 35.   Docket No. 96-1612-PWS-E. Consideration of an Default Order assessing administrative penalties and requiring certain actions of Wanda C. Richey dba Richey's Mobile Home Park in Ector County; TNRCC ID No. 0680057; for public water supply violations pursuant to Chapter 341 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Hodgson Eckel)

Issue Default Order, BM/JB. Marquez did not vote.

Item 36.   Docket No. 96-1974-PWS. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Robert Craft dba Stiff Creek Mobile Home Park in Collin County; PWS No. 0430073; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Hodgson Eckel)

Issue Default Order, work with Mr. Craft and try to work a solution and bring back an other if a solution is worked BM/JB. Marquez did not vote.

Item 37.   Docket No. 96-1650-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Edward Linton, Sr. dba Woodlands West Water System in Burleson County; PWS No. 0260043; for public drinking water violations pursuant to Chapter 341, Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Hodgson Eckel)

Issue Default Order, BM/JB. Marquez did not vote.

(AIR ENFORCEMENT AGREED ORDER)

Item 38.   Docket No. 97-0341-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dorsett Brothers Concrete Supply, Incorporated in Harris County; Account No. 93-3444-F; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Carl Schnitz)

Issue Agreed Order, BM/JB. Marquez Absent

Item 39.   Docket No. 97-0660-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Columbia Manufacturing Corporation in Navarro County; Account No. NB-0073-B; 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)

Issue Agreed Order, BM/JB. Marquez Absent

Item 40.   Docket No. 97-0389-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Trade Rite Auto Sales in Montgomery County; Account No. MQ-0292-F; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Mary Jennings)

Issue Agreed Order, BM/JB. Marquez absent

Item 41.   Docket No. 97-0731-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Auto Concepts-McKinney, Inc. in Collin County; Account No. CP-0308-W; 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. (Mary Jennings)

Issue Agreed Order, BM/JB. Marquez absent

Item 42.   Docket No. 97-0508-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Northern Natural Gas Company in Pecos County; Account No. PE-0028-I, 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. (Kevin Cauble)

Issue Agreed Order, BM/JB. Marquez absent

(AIR ENFORCEMENT DEFAULT ORDER)

Item 43.   Docket No. 97-0688-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of North Texas Auto Brokers in Lewisville, Denton County; Air Account No. DF-0301-J; for air 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. (Cecily Small)

Issue Default Order, RM/BM. All Commissioners Agree

Item 44.   Docket No. 97-0053-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Kent Froelich Company in Denton County; Air Account No. DF-0303-F; for air 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. (Cecily Small)

Issue Default Order, RM/BM. All Commissioners Agree

Item 45.   Docket No. 96-1820-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Bourg Trailer Industries in Jefferson County; Air Account No. JE-0692-C; for air 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. (Cecily Small)

Issue Default Order, RM/BM. All Commissioners Agree

(ON-SITE DEFAULT ORDER)

Item 46.   Docket No. 96-0663-OSI-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Keith Reynolds in Polk County; Installer Certificate No. 2561; for on-site sewage installer violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Raymond Winter)

Issue Default Order, JB/RM. All Commissioners Agree

(TEMPORARY VARIANCES AND PERMIT AMENDMENTS)

Item 47.   Docket No. 97-0477-MWD. CITY OF NEDERLAND has applied to the Texas Natural Resource Conservation Commission (TNRCC) for an order extending a temporary variance from the water quality standards for Permit No. 10483.002. The order will authorize the extension of the variance period to implement the comprehensive use-attainability study of the appropriate water quality standards for the perennial canals in Jefferson County Drainage District in Segment No. 0702. The wastewater treatment facilities are located immediately east of the intersection of Hardy Avenue and Avenue D, east of the main drainage canal in the City of Nederland in Jefferson County, Texas. The Commission will consider the order extending the temporary variance.

Issue Temporary Variance, RM/JB. All Commissioners Agree

Item 48.   Docket No. 97-0477-MWD. CITY OF NEDERLAND has applied to the Texas Natural Resource Conservation Commission (TNRCC) for an amendment of Permit No. 10483-002. The proposed amendment would authorize an increase in the daily average flow of treated domestic wastewater from 3.8 million gallons per day (MGD) to 5.22 MGD. The applicant is requesting a variance to the buffer zone requirements in accordance with 30 TAC Section 390.13(e)(1)(A) and (B). The applicant is requesting an extension of temporary variance in accordance with 30 TAC Section 307.2(d)(4). The wastewater treatment facilities are located immediately east of the intersection of Hardy Avenue and Avenue D, east of the main drainage canal in the City of Nederland in Jefferson County, Texas. The Commission will consider the draft permit.

Issue Amendment to Permit, RM/JB. All Commissioners Agree

Item 49.   Docket No. 97-0866-MWD. CITY OF CORPUS CHRISTI has applied to the Texas Natural Resource Conservation Commission (TRNCC) for an order extending a temporary variance from the water quality standards for Permit No. 10401-006. The order will authorize the extension of the variance period to implement the comprehensive use-attainability study of the appropriate water quality standards for the Nueces River Tidal Segment No. 2101. The wastewater treatment facilities are located in the northwest portion of the City of Corpus Christi approximately 1 mile north of Interstate Highway 37 at the end of Allison Road in Nueces County, Texas. The Commission will consider the order extending the temporary variance.

Approve Temporary Variance, JB/RM. All Commissioners Agree

Item 50.   Docket No. 97-0866-MWD. CITY OF CORPUS CHRISTI has applied to the Texas Natural Resource Conservation Commission (TNRCC) for an amendment of Permit No. 10401-006. The amendment will authorize the extension of the variance period to implement the comprehensive use-attainability study of the appropriate water quality standards for the Nueces River Tidal Segment No. 2101. The permit amendment will authorize the discharge of treated domestic wastewater effluent from Outfall 001 at a volume not to exceed an average flow of 5.0 million gallons per day in both the interim phase and final phase. The amendment also authorizes the discharge of treated domestic wastewater effluent from Outfall 002 at a volume not to exceed an average flow of 2.0 million gallons per day to the Effluent Diversion Demonstration Project. The wastewater treatment facilities are located in the northwest portion of the City of Corpus Christi approximately 1 mile north of Interstate Highway 37 at the end of Allison road in Nueces County, Texas. The Commission will consider the draft permit that extends the variance to the Water Quality Standards.

Issue Amendment to Permit, JB/RM. All Commissioners Agree

(REPORT)

Item 51.   Docket No. 97-0416-MLM. Consideration of an Agreed Order in TNRCC Docket No. 95-1532-MLM, SOAH Docket No. 582-95-1618, and consideration of TNRCC Docket No. 96-1533-MLM-E, Soah Docket No. 582-97-0261, concerning AMERICAN ECOLOGY ENVIRONMENTAL SERVICES CORPORATION. This hazardous waste storage and recycling facility operated in Winona, Smith County, Texas. On June 3, 1997, these docket numbers were referred by the Commission to Alternative Dispute Resolution (ADR) for resolution of the remaining issues in these cases. The Executive Director and AEESC have entered into an Agreed Order concerning closure, corrective action, and post-closure at this site, and resolving TNRCC Docket No. 95-1532-MLM and SOAH Docket No. 582-95-1618. Protestants and the Public Interest Counsel will express their position on this matter. The Executive Director recommends that the enforcement cases in this matter, TRNCC Docket No. 96-1533-MLM-E, Soah Docket No. 582-97-0261, be allowed to proceed for further negotiation separately.

Issue Agreed Order with Changes, RM/BM. All Commissioners Agree

(RULES)

Item 52.   Docket No. 97-0654-RUL. Consideration for withdrawal of proposed amendments to 30 TAC Chapter 116, Subchapters A-F, concerning State-only Requirements for Control of Air Pollution by Permits for New Construction or Modification and of proposed new 30 TAC Chapter 126, Subchapters A-J, concerning Federal New Source Review Requirements for Control of Air Pollution. If the proposed amendments and new sections had been approved, they would have distinguished the requirements of federal new source review from state-only new source review. The proposal was published in the August 22, 1997, issue of the Texas Register (22 TexReg 8331). (Jim Dodds) (Rule Log No. 97130-116-AI).

Approve Staff Recommendation, JB/RM. All Commissioners Agree

Item 53.   Docket No. 97-0713-RUL. Consideration for the repeal of 30 TAC Chapter 114, concerning Control of Air Pollution from Motor Vehicles, for the purpose of reformatting the chapter, for adoption of a new 30 TAC Chapter 114, concerning Control of Air Pollution From Motor Vehicles; and for a revision to the State Implementation Plan. If approved, this revision will renumber all sections and organize them into program subchapters, divide all definitions and place them into general and program-specific sections and rescind the leaded gasoline requirements found in the old Section 114.1(e). The proposal was published in the September 5, 1997 issue of the Texas Register (22 TexReg 8896). (Alan Henderson/Hazel Barbour) (Rule Log No. 97163-114-AI).

Approve Appeal, RM/JB. All Commissioners Agree

Item 54.   Docket No. 97-0681-RUL. Consideration for adoption of new 30 TAC Chapter 106, Subchapter P, Section 106.376, concerning a standard exemption for decorative chrome plating facilities. If adopted, the rule would allow decorative chrome plating facilities in compliance with the rule to construct and operate the facilities without obtaining a permit under Texas Health and Safety Code, Section 382.0518. The proposal was published in the August 19, 1997, issue of the Texas Register (22 TexReg 8034). (Dale Beebe-Farrow) (Rule Log No. 97128-106-AI).

Approve Staff Recommendation, RM/BM. All Commissioners Agree

Item 55.   Docket No. 97-0948-RUL. Consideration for publication of, and hearing upon, proposed new 30 TAC Section 122.516, concerning Site-wide General Operating Permit. If approved, theproposed rule would make available an alternative permitting mechanism for sources subject to the Texas Title V Operating Permits Full Program. (Beecher Cameron) (Rule Log No. 97176-112-AI).

Go forth with publication and hearing, RM/BM. All Commissioners Agree

Item 56.   Docket No. 97-0767-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 309, Sections 309.1-309.4 and 309.10-309.14, concerning effluent quality limitations for treated domestic sewage and the minimum standards for the location of domestic wastewater treatment facilities. The proposed amendments would provide added flexibility to those regulated by the rule by clarifying allowances for case-by-case review, updating language to meet current permitting practices, and updating current domestic effluent limitations. (96107-309-WT) (Randall B. Wilburn).

Continued to December 3, 1997

EXECUTIVE SESSION

Item 57.   Docket No. 97-0994-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 58.   Docket No. 97-0995-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 MADE.)

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


ADDENDUM TO AGENDA

Wednesday, November 5, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg. E
12100 Park 35 Circle


Item 59.   Docket No. 97-0801-RUL. Consideration for adoption of amendments to 30 TAC Chapter 50, Subchapter B, Section 50.15, concerning Scope of Proceedings; 30 TAC Chapter 305, Subchapter A, Section 305.2, concerning General Provisions; 30 TAC Chapter 305, Subchapter B, Sections 305.22, 305.23 and 305.25, concerning Emergency Orders, Temporary Orders, and Executive Director Authorizations; and 30 TAC Chapter 305, Subchapter O, Sections 305.533 and 305.535, concerning Additional Conditions For Wastewater Discharge Permits. If adopted, the amendments would: (1) remove the term “renewal” from Section 50.15; (2) clarify that emergency orders and temporary orders may not be issued for discharges into the waters in the state on the grounds of economic loss; and (3) make commission rules consistent with federal requirements of the National Pollutant Discharge Elimination System (NPDES) Program. The proposal was published in the September 19, 1997 issue of the Texas Register (22 TexReg 9433) (Nina Fantl) (Rule Log Number 97171-050-WT)

Approve Adoption of Amendments, BM/RM. All Commissioners Agree

Item 60.   Docket No. 97-0990-CON. Consideration of Authorizing the Executive Director to Execute a contract amendment to Anderson Columbia Environmental, incorporated's General Construction Contract for industrial remediation at the United Creosoting Superfund Site in Conroe, Montgomery County, Texas. (Alan Etheredge and Caroline Sweeney)

Approve Contract Amendment, RM/JB. All Commissioners Agree


SECOND ADDENDUM TO AGENDA

Wednesday, November 5, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12100 Park 35 Circle



Item 61.   Docket No. 96-1682-AIR-E. Consideration of rehearing and withdrawal of a previously approved Default Order assessing administrative penalties and requiring certain actions of Team BBS Autoworks in Galveston County; Account No. GB-0597-W; 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. (Hodgson Eckel)

Grant a Motion for Rehearing, BM/JB. All Commissioners Agree


CONTESTED AGENDA

Wednesday, November 5, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 P.M.
Room 201S, Bldg E.
12100 Park 35 Circle



Item 1.   TNRCC Docket No. 96-1605-MWD-E; SOAH Docket No. 582-97-0711. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the petition of the Executive Director of the Texas Natural Resource Conservation Commission for an order assessing penalties against Niranjin S. Patel dba Caraban Motor Motel, and requiring certain actions in Nacogdoches County, Texas. Penalty requested: $19,420 Recommendation: Approval of requested penalty and issuance of order requiring corrective action. (L. Craven)

Continued to January 7, 1998

Item 2.   Docket No. 97-0923-AGR. The Commission will consider the application by Tom J. Moore Cattle Co. Inc. for permit-by-rule No. 03947 concerning a confined animal feeding operation. The application was evaluated under 30 TAC chapter 321, subchapter K. The Commission will consider a request to review the Executive Director’s determination that none of the comments filed concerning the above named application any longer demonstrated technical merit. (Washington County)

Affirm Executive Directors Decision, JB. Dies for lack of second. Remand to Executive Director for further review as recommended by Commissioners, RM/BM. Baker Voted No.

Item 3.   Docket No. 97-0854-AIR. Consideration of a Motion for Reconsideration filed by Mrs. P.H. Richman concerning the issuance by the Executive Director of Air Quality Permit No. 34532 on August 13, 1997 to Farmer's Gin. The permit authorizes the construction and operation of a cotton gin located in Palacios in Matagorda County.

Deny Motion For Rehearing, RM/JB. All Commissioners Agree