| Item 1. | Docket No. 98-0389-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, 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. |
| Item 1. | Docket No. 98-0321-IHW. Consideration of an application by Chemical Waste Management, Inc. for a Temporary Authorization to allow operation of an incinerator authorized by Permit No. HW-50212-001 under modified operation conditions during pre-trial burn testing and trial burn testing for a period of time not to exceed 720 hours. The application requests authorization to modify the caustic feed points and pH control for the absorber system, to increase the feed rate of total organic chlorine to up to 3,000 pounds per hour, to increase the volumetric gas flow rate through the secondary combustion chamber to 315,500 actual cubic feet per minute, and to feed aqueous waste to the secondary combustion chamber at a rate up to 5,000 pounds per hour. The applicant operates a commercial industrial and hazardous waste management facility located on the southern side of State Highway 73, approximately three miles west of the state highway crossing over Taylor Bayou, near Port Arthur, Jefferson County, Texas. The applicant has stated that the authorization is necessary to prevent disruption of ongoing waste management activities and to facilitate other changes to protect human health and the environment before the Commission is likely to take action a permit modification request and will result in improved management or treatment of hazardous waste already listed in the facility permit; and the activities requested for authorization comply with the standards of 40 Code of Federal Regulations Part 264. The Temporary Authorization would terminate 180 days from the date of issuance of the authorization or upon conclusion of the 720-hour pre-trial burn testing and trial burn testing period, whichever occurs earlier. (John Clegg/Angela Stepherson) |
| Item 2. | Docket No. 98-0168-RUL. Consideration for amendment of 30 TAC Chapter 335, Subchapter A, Section 335.28(3); adoption of a new 30 TAC Chapter 7, Section 7.117, concerning Memorandum of Understanding (MOU) between the Railroad Commission of Texas and the Texas Natural Resource Conservation Commission; and authorization for the Executive Director to sign the MOU. If adopted, the rules would repeal the current MOU between the parties, and adopt a new MOU clarifying the jurisdiction between the agencies regarding wastes from activities associated with the exploration, development, and production of oil or gas. The proposed rules were published in the December 26, 1997 issue of the Texas Register (22 TexReg 12647, 12674, and 12682). (Hygie Reynolds) (Rule Log No. 95010-335-WS). |
| Item 1. | Docket No. 98-0295-AIR. UNITED COPPER INDUSTRIES for Air Quality Permit No. 37222 to authorize construction of two copper Rod Casting Furnaces. The proposed site for the facility is located adjacent to U.S. Highway 380 and Geesling Road, Denton, Denton County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Kevin Jung/Dois Webb) |
| Item 2. | Docket No. 98-0272-MSW. TRANSAMERICAN WASTE OF HOUSTON, INC. for an amendment to their existing Type IV municipal solid waste permit. This permit amendment is designated as MSW1849-A, and if approved, will authorize lateral and vertical expansion to the permitted facility. The amendment will increase the maximum fill height of the completed landfill by an additional 64 feet from the currently permitted height of approximately 36.6 feet mean sea level to 100.59 feet mean sea level (natural ground elevation is approximately 20 feet MSL) and will increase the permitted acreage from the currently permitted 19.98 acres to 39.97 acres. The application was originally submitted by Sunray Services, Inc., a wholly owned subsidiary of USA Waste, Inc., in June, 1996. On March 31, 1997, the permit was transferred to TransAmerican Waste of Houston, Inc., a wholly owned subsidiary of TransAmerican Waste Industries, Inc. The permittee is authorized to dispose of brush, construction-demolition waste, and/or rubbish that are free of putrescible and free of household wastes, and Class III industrial solid waste. The initial waste acceptance rate may be at, but is not limited to, 800 cubic yards per day. The total available waste disposal capacity of the landfill is 3,215,000 in-place cubic yards. The site is authorized to operate between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday; hours may be extended on an occasional basis for special occurrences as specified in 30 TAC §305.70. The facility is located on a 39.97-acre site approximately 0.27 miles southeast of the intersection of FM 646 and Wyoming Street in unincorporated Galveston County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. |
| Item 3. | Docket No. 98-0285-AIR. HOLNAM TEXAS L.P. for amendment of Air Quality Permit No. 8996 to authorize expansion of a Portland Cement Plant located at 1800 Dove Lane, Midlothian, Ellis, Texas. The Commission will consider the application and the hearing requests filed on the application. (Chris Kadas/Earl Jones) |
| Item 4. | Docket No. 98-0326-IWD. LONGHORN COMPOSTING AND CATTLE COMPANY, INC. for sludge treatment facility. The sewage sludge processing facility consists of treatment equipment capable of processing 600 wet tons per day. The facility will store and treat sewage sludge with lime. Process wastewater will be land applied by irrigation. Lime stabilized sewage sludge will be land applied to TNRCC registered site 710757, hauled by truck to other TNRCC registered land application sites, or disposed in a TNRCC permitted landfill. In addition, the permit authorizes the marketing and distribution of Class A treated sewage sludge to the public. No discharge of pollutants into waters in the State is authorized by the permit. The facility is located approximately 7.5 miles northwest of the town of Sierra Blance and approximately 7.1 miles north of Interstate Highway 10 in Hudspeth County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Maria Rodriguez/Anthony Tatu) |
| Item 5. | Docket No. 97-0856-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Anwarali Dossani in Tarrant County; PST Facility ID No. 0046830; for petroleum storage tank violations pursuant to the Texas Water Code, Chapter 26 and the rules of the Texas Natural Resource Conservation Commission. (Ken Barker\Srini Kusumanchi) |
| Item 6. | Docket No. 96-0847-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Worth Oil Company in Dallas and Tarrant Counties; TNRCC ID No's 8805, 8806, 8807, 8808, 8810, 8811, 8813, 8815, 69818; 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) |
| Item 7. | Docket No. 97-0584-PST-E. Consideration of an Agreed Order assessing administrative penalties of Leigh Engineering, Inc. in Tarrant County; Enforcement ID No. 11483; 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) |
| Item 8. | Docket No. 97-0585-PST-E. Consideration of an Agreed Order assessing administrative penalties of Lucky Lady Oil Co. in Tarrant County; Enforcement ID: 11450; 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) |
| Item 9. | Docket No. 96-0298-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Howard L. Hoffman in Concho County; Facility ID No. 28465; 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) |
| Item 10. | Docket No. 96-1165-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ron Laney Oil Co., Inc. in King County; Facility ID No. 8312; 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) |
| Item 11. | Docket No. 96-0722-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The Texas Department of Transporting in Crosby, Sutton, Lavaca, McLennan, Hill, Limestone, Falls, Bell, Howard, Travis, and Medina Counties; Enforcement ID No. 5036; 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) |
| Item 12. | Docket No. 97-0196-MSW-E. Consideration of a Agreed Order assessing administrative penalties and requiring certain actions of the City of Dallas in Dallas County; Permit No. 62; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar) |
| Item 13. | Docket No. 97-0088-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rob L. Harbison, Timberline Designs, Inc., and Bandolier Corp., dba Reconstruction Specialties Co., in Williamson County; Unauthorized MSW No. 455110027; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar) |
| Item 14. | Docket No. 97-0804-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Youngs Tire Salvage in Lamar County; Permit No. 26701; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar) |
| Item 15. | Docket No. 97-0896-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Phillips Petroleum Company in Brazoria County; TNRCC Account No. BL-0042-G; 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. (Guy Henry) |
| Item 16. | Docket No. 97-0744-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chavez Trucking in El Paso County; Air Account No. EE-0461-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. (Guy Henry) |
| Item 17. | Docket No. 97-1138-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Credit Auto Sales in Kaufman County; Account No. KB-0152-J; 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) |
| Item 18. | Docket No. 96-0100-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tommy Fisher dba Acuff Steak House in Lubbock County; PWS No. 1520120; for public drinking water violations pursuant to Chapter 341 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Guy Henry) |
| Item 19. | Docket No. 97-0385-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of David Sheffield dba Texas Landing Utility Company in Polk County; PWS No. 1870151; for drinking water quality violations pursuant to Chapter 341 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier) |
| Item 20. | Docket No. 97-0942-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ackerly Water Supply Corporation in Dawson County; PWS No. 0580011; for drinking water quality violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Bill Main) |
| Item 21. | Docket No. 97-0782-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Marshall in Harrison County; PWS No. 1020002; for drinking water quality violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Sabelyn Pussman) |
| Item 22. | Docket No. 97-0976-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Magnolia Independent School District in Montgomery County; Water Quality Permit No. 13653-001; for water quality violations pursuant to the Texas Water Code 26.121 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell) |
| Item 23. | Docket No. 97-0959-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Alpine in Brewster County; Water Quality Permit 10117-001; for water quality violations pursuant to the Texas Water Code 26.121, and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell) |
| Item 24. | Docket No. 97-0248-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Lefors in Gray County; Water Quality Permit No. 10411-001, Public Water System No. 0900001; for water quality and drinking water quality violations pursuant to the Texas Water Code, the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Adele Noel) |
| Item 25. | Docket No. 97-0975-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Joe Cordell, in Erath County; No Permit No.; for water quality violations pursuant to 30 Texas Administrative Code 321.31, and Texas Water Code 26.121, and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell) |
| Item 26. | Docket No. 97-0984-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Clay Price and Tate Price d.b.a. Ridgeway Dairy in Hopkins County; No Permit; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Smith) |
| Item 27. | Docket No. 98-0385-AIR. Consideration of a Petition and Proposed Order regarding Designation of Single Property, pursuant to 30 TAC Section 101.2(b), concerning Multiple Air Contaminant Sources or Properties, submitted by Ethyl Corporation, Albemarle Corporation, MEMC Pasadena, Inc., and Amoco Chemical Corporation, in Harris County, Texas. 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. (Chris Kadas/ Victoria Hsu) |
| Item 28. | Docket No. 97-0901-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Javelina Company in Nueces County; TRNCC Water Quality Permit No. 03137; for water quality violations pursuant to the Texas Water Code 26.121 and the rules of the Texas Natural Resource Conservation Commission. (Bill Main) |
| Item 29. | Docket No. 98-0364-CON. Consideration of authorizing the Executive Director to amend Contract No. 5501000000 with Applied Earth Sciences, Inc. for site activities services at leaking petroleum storage tank (LPST) sites. (Katharine Marvin/Steve Shephard/Grace Windbigler) |
| Item 30. | Docket No. 98-0371-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) |
| Item 31. | Docket No. 97-0969-RUL. Consideration for adoption of new 30 TAC Chapter 205, Sections 205.1-205-6, concerning general permits for waste discharges; and 30 TAC Chapter 321, Subchapter I, Section 321.141, concerning Additional Characteristics and Conditions for Controlling Certain Activities by Rule. If adopted, the rules will implement recent legislative changes and establish the procedures the commission will use to develop and issue general permits as well as the procedure to authorize discharges under the terms of any general permit. The proposed rules were published in the December 19, 1997 issue of the Texas Register (22TexReg 12418). (Tom Weber) (Rule Log No. 97151-205-WT). |
| Item 32. | Docket No. 98-0238-RUL. Consideration for publication of, and hearing upon, new 30 TAC Chapter 90, concerning Regulatory Flexibility. If approved, the proposed new chapter would implement the provisions of Senate Bill 1591, 75th Legislature, which allows the commission to authorize an alternative method or standard for the control or abatement of pollution if it is at least as protective of public health and the environment as the current method or standard. (Jim Dodds, Sherman Krause) (Rule Log No. 97166-090-AD). |
| Item 33. | Docket No. 98-0284-RUL. Consideration for publication of and hearing upon a proposed amendment to 30 TAC Chapter 37, Section 37.11, concerning Definitions, and a proposed new Section 37.52, concerning Use of a Universal Financial Assurance Mechanism for Multiple Facilities and Program Areas. The new rule adds the option of a universal financial assurance mechanism for owners or operators of facilities which are authorized by rules from more than one program area. (Linda Shirck) (Rule Log No. 97167-037-WS) |
| Item 34. | Docket No. 98-0249-RUL. Consideration for publication of and hearing on: (1) a proposed new 30 TAC Chapter 113, Subchapter D, concerning Designated Facilities and Pollutants, Sections 113.2060, 113.2061, 113.2067 and 113.2069, concerning Municipal Solid Waste Landfills; and (2) proposed revisions to the Texas Air Control Board Plan for the Control of Sulfuric Acid Mist, Total Reduced Sulfur, and Fluoride Emissions from Existing Facilities and the renaming of this plan to Texas State Plan for the Control of Designated Facilities and Pollutants. If adopted, the new subchapter, and state plan revisions would establish regulations to control air emissions from existing municipal solid waste landfills. (Beecher Cameron, Alan Henderson) (Rule Log No. 96135-113-AI) |
| Item 35. | Docket No. 97-0885-RUL. Consideration for the repeal of 30 TAC Chapter 320, concerning Regional Assessments of Water Quality (Clean Rivers Program); and adoption of new 30 TAC Chapter 220, concerning Monitoring and Assessment of Water Quality by Watershed and River Basin (Clean Rivers Program). If approved, the rules would establish criteria for the development of a program for monitoring and assessment of water quality by watershed and river basin; renumber and update references in those sections containing the rules for assessing water quality fees by watershed; and implement changes made to the reauthorized program by House Bill 1190, 75th Legislature. The proposed rules were published in the November 7, 1997 issue of the Texas Register (22 TexReg 10897). (Charles Dvorsky) (Rule Log No. 97137-320-WT) |
| Item 36. | Docket No. 98-0390-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. |
| Item 37. | Docket No. 98-0391-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. |
| Item 38. | Docket No. 97-0790-UCR. Consideration of approval of the portions of an agreement or contract between Ables Springs Water Supply Corporation and Tri-County Water Company designating the areas to be served by them pursuant to their Certificates of Convenience and Necessity and an application by Ables Springs Water supply Corporation to amend Certificate of Convenience and Necessity No. 10819 and decertify a portion of Certificate of Convenience and Necessity No. 10818 issued to Tri-County Water Company in Hunt, Kaufman, and Van Zandt Counties, Texas. (Angela Stepherson/Teresa Rogers). |
| Item 1. | TNRCC Docket No. 96-0863-AIR-E; SOAH Docket No. 582-97-0708; Consideration of ALJ's Proposal for Decision and Order concerning the Executive Director's Preliminary Enforcement Report and Petition recommending the Commission assess administrative penalties of $13,075 against Pencco, Inc., Brookshire, Texas. (Recommendation: The Administrative Law Judge finds that a penalty of $1250 should be assessed) Cynthia Hayes |
| Item 2. | TNRCC Docket No. 96-1112-PWS-E; SOAH Docket No. 582-97-1443; Consideration of ALJ's Proposal for Decision and Order concerning the Executive Director's Preliminary Enforcement Report and Petition recommending the Commission asses administrative penalties of $4130 against Lee Limas dba Lee Limas Mobile Home Park, El Paso County, Texas. (Recommendation: The Administrative Law Judge finds that a penalty of $3850 should be assessed) Cynthia Hayes |
| Item 3. | TNRCC Docket No. 97-0346-UCR; SOAH Docket No. 582-97-1068; Consideration of ALJ's Proposal for Decision and Order concerning the Application of Stanley McCurley to increase retail water rates in Henderson and Smith Counties, Texas. Applicant provides retail water service to approximately 670 customers. Recommendation: Approval of a rate increase and surcharge for Phoenix Well. (Leslie Craven) |
| Item 4. | TNRCC Docket No. 97-0662-PST; SOAH Docket No. 582-97-1295: Consideration of ALJ's Proposal for Decision and Order concerning the Application of Watkins Motor Lines, Inc., for Reimbursement from the Commission's PST Fund or Petroleum Storage Tank Remediation Fund. Site is in Harris County, Texas. Recommendation: Withholding of Reimbursement. (Bill Zukauckas) |
| Item 5. | Docket 97-1063-UIC. Consideration of motions for rehearing filed by URI, Inc. and Kleberg County-STOP concerning the Commission's decision on the application by URI, Inc. for Production Area Authorization No. 3, Permit No. URO2872-031 (Kleberg County). |