AGENDA


Wednesday, May 20, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.
Room 201S, Bldg E.
12100 Park 35 Circle


Item 1.   Docket No. 98-0511-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.

Continued to May 21, at 1:30 p.m.


OLD BUSINESS AGENDA

Wednesday, May 20, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item carried forward from Agenda of April 22, 1998 and May 7, 1998.

Item 1.   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)

Remanded to Executive Director

Item carried forward from Agenda of April 22, 1998 and May 7, 1998.

Item 2.   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).

Approve Adoption of Rule with change as recommended by staff, JB/RM. All Commissioners Agree

Item carried forward from Agenda of April 22, 1998 and May 7, 1998.

Item 3.   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)

Approve Publication and Hearing, JB/RM. All Commissioners Agree

Item carried forward from Agenda of May 7, 1998.

Item 4.   Docket No. 97-0409-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Oakwood in Leon County; Permit No. 10586-001 for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)

Continued to June 3, 1998

Item carried forward from Agenda of May 7, 1998.

Item 5.   Docket No. 98-0435-MIS. Consideration of the Executive Director's Petition requesting consideration of the Max Recycling, Inc. Audit recommending that Max Recycling, Inc. be ordered to repay the Commission sixty-eight thousand, two-hundred-eighty-nine dollars and sixty-nine cents ($68,289.69) which is the amount that the Commission overpaid Max Recycling from the Waste Tire Recycling Fund (WTRF). (Vic Ramirez/Roy Buchanan)
Continued to July 1, 1998

MCBEE
MARQUEZ
BAKER
CONTESTED AGENDA

Wednesday, May 20, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 A.M.
Bldg E. Room 201S
12100 Park 35 Circle


Hearing Request

Item 1.   Docket No. 98-0423-AIR. ELK CORPORATION OF TEXAS for the renewal and amendment to Air Quality Permit No. 7329 to continue the operations of and modify an Asphalt Roofing Shingle Manufacturing Plant. The existing facility is located at 202 Cedar Road in Ennis, Ellis County, Texas. The Commission will consider the application and the hearing requests filed on the application. (Janis Hudson/Michael Gould)

Deny Hearing Request and Grant Renewal and Amendment, RM/BM. All Commissioners Agree

Item 2.   Docket No. 98-0420-AGR. TEXZONA CATTLE FEEDERS for an amendment to Permit No. 01718 in order to authorize an increase in the number of head located at the beef cattle feedlot from 16,000 head to a maximum capacity of 36,000 head. The amendment will also incorporate improvements constructed after the permit was originally issued. The permit authorizes disposal of wastewater on 142 acres of agricultural land located on the site. Waste will be hauled off-site by a contract hauler. No discharge pollutants into the waters of the State is authorized by this permit. The facility is located on the north side of Farm-to-Market 114, approximately one mile west of its intersection with Farm-to-Market Road 168; the facility is located approximately 1/2 miles northwest of the community of Smyer in Hockley County, Texas. The Commission will consider the application and the hearing requests filed on the application. (Catherine Nash)

Deny Hearing Request and Issue Amendment to Permit, BM/JB. All Commissioners Agree

Item 3.   Docket No. 98-0415-MSW. BLUE FLATS DISPOSAL L.L.C., INC. for a permit (Proposed Permit No. MSW-2262) to authorize a Type I municipal solid waste landfill facility. The proposed site covers approximately 140 acres and is estimated to initially receive 200,000 tons of waste per year. The total disposal waste capacity of the landfill will be 15,800,000 cubic yards. The permittee will be authorized to dispose of municipal solid waste resulting from or incidental to municipal, community, commercial, institutional, and recreational activities; municipal solid waste resulting from construction or demolition projects; brush construction/demolition wastes, and certain Class II industrial solid waste, Class III industrial solid waste, and special waste that are properly identified. Class I non-hazardous industrial solid waste may be accepted at the site in the future pending approval of a permit modification to accept Class I non-hazardous industrial solid waste. The site will be authorized to operate the facility from 7:00 a.m. to 7:00 p.m., Monday through Saturday. The proposed waste management facility is located north of the adjacent to Interstate 20 at the Panama/Blue Flat Road exit approximately six miles east of Gordon and approximately 60 miles west of Fort Worth in south central Palo Pinto County, Texas. The Commission will consider the application and the hearing request filed on the applications.

Grant the hearing Request of Blackman, Finches, and Fawcett, send to Alternative Dispute Resolution for 4 to 6 weeks, if mediation fails forward to SOAH. Deny all other hearing request, RM/RM. All Commissioners Agree

Item 4.   Docket No. 98-0393-MWD. Request by COMMUNITY ESTATES INC. for a new permit (proposed Permit No. 13903-001) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 0.003925 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)(A and B). The wastewater treatment facility will serve Community Estates Trailer Park. The plant site will be located on Farm-to-Market Road 2259, approximately 2.5 miles northwest of the intersection of Farm-to-Market Road 226 and Farm-to-Market Road 2259 and 3.2 miles south-southwest of the intersection of Farm-to -Market Road 226 and State Highway 21 in Nacogdoches County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Margaret Hoffman)

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

Authorization to Construct

Item 5.   Docket No. 98-0387-MWD. Consideration of HALLIBURTON ENERGY SERVICES' request for an Order authorizing commencement of construction of a 158,950 gallon evaporation pond to serve a vehicle washbay and machine coolant recovery system prior to Commission consideration of its application for a wastewater discharge permit. The wastewater treatment facility is located on County Road 401, approximately 1.5 miles south of the intersection of County Road 401 and State Highway 392 and 2.5 miles south of the City of Alvarado, Johnson County, Texas. The proposed authorization to construct would not permit the treatment of discharge of any wastewater from the new construction. (Kay Hricik/Yvonna Pierce)

Submitted in Error

Petroleum Storage Tank Enforcement Agreed Orders

Item 6.   Docket No. 96-0302-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Daniel R. Priest in Bastrop County; Enforcement Identification Number 5094; for petroleum storage tank violations pursuant to the Texas Administrative Code Chapter 334 and the rules of the Texas Natural Resource Conservation Commission. (Mick Wilson)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 7.   Docket No. 97-0845-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ms. Gita Kiani in Denton County; PST Facility ID No. 58198; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 8.   Docket No. 96-1301-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of James Carter in Collin County; Facility ID No. 11372; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Cecily Small Gooch)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 9.   Docket No. 97-0689-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Texas Department of Public Safety in Crockett County; Facility ID No. 4748; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Cecily Small Gooch)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 10.   Docket No. 98-0084-PST-E. Consideration of an Agreed Order requiring certain actions of David Pawelek in Karnes County; TNRCC ID No. 16032; 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 Agreed Order, BM/JB. All Commissioners Agree

Item 11.   Docket No. 98-0073-PST-E. Consideration of an Agreed Order requiring certain actions of George Jackson dba Truck Center Limited in Lubbock County; TNRCC ID No. 33045; 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 Agreed Order, BM/JB. All Commissioners Agree

Industrial Hazardous Waste Enforcement Agreed Orders

Item 12.   Docket No. 97-0868-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Koppers Industries, Inc. in Burleson County; Solid Waste Registration No. 83899; for industrial & hazardous 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. (J. Mac Vilas)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 13.   Docket No. 97-0358-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Valero Refining Company in Nueces County; Solid Waste Registration No. 30478; for industrial & hazardous 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. (J. Mac Vilas)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 14.   Docket No. 97-0911-IHW-E. Consideration of an Agreed Order requiring certain actions of BJ Services Company, U.S.A. in Terry County; SWR No. 39885; pursuant to the rules of the Texas Natural Resource Conservation Commission. (Thomas Jecha)

Issue Agreed Order, RM/BM. All Commissioners Agree

Municipal Waste Discharge Enforcement Agreed Orders

Item 15.   Docket No. 97-0333-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Lytle in Atascosa County, Permit No. 10096-001; 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, RM/JB. All Commissioners Agree

Item 16.   Docket No. 97-0581-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lee County Fresh Water Supply District No. 1 in Lee County, Permit No. 12007-001; 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, RM/JB. All Commissioners Agree

Municipal Waste Discharge Enforcement Default Order

Item 17.   Docket No. 97-0466-MWD-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of East Loop Subdivision Homeowner's Association in Angelina County; Permit No. 11949-001; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Cecily Small Gooch)

Issue Default Order, BM/RM. All Commissioners Agree

Public Water Supply Enforcement Agreed Orders

Item 18.   Docket No. 97-0549-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cypress Business Park, Inc. in Harris County; PWS No. 1012908; for drinking water quality violations pursuant to the Texas Health and Safety Code, Chapter 341 and 30 Texas Administrative Code Chapter 290, and the rules of the Texas Natural Resource Conservation Commission. (Bhasker Reddi)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 19.   Docket No. 96-0584-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of George Derrick dba Cougar Country Water System in Jasper County; PWS No. 1210019; 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. (Cecily Small Gooch)

Issue Agreed Order, RM/JB. All Commissioners Agree

Public Water Supply Enforcement Default Order

Item 20.   Docket No. 96-0535-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Charles F. Piar dba Cozy Water Works in Dallas County; PWS No. 570142; 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 Default Order, JB/RM. All Commissioners Agree

Air Enforcement Agreed Orders

Item 21.   Docket No. 97-1105-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Mobil Chemical Corporation in Jefferson County; Account No. JE-0062-S; 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. (Lawrence King)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 22.   Docket No. 97-1104-AIR-E. Consideration of an Agreed Order assessing administrative penalties of the Texas Department of Criminal Justice in Tyler County; Account No. TJ-0044-U; 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. (Lawrence King)
Issue Agreed Order, JB/BM. All Commissioners Agree

Item 23.   Docket No. 97-1056-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pearland Industries, Incorporated in Harris County; Account No. HX-0891-A; 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, JB/BM. All Commissioners Agree

Item 24.   Docket No. 97-0575-AIR-E. Consideration of an Agreed Order requiring certain actions of Hercules Marine Services Corporation in Brazoria County; Account No. BL-0118-V; 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. (Miriam Hall)

Submitted in Error

Item 25.   Docket No. 97-1025-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of DSI Transports, Inc. in Harris County; Account No. HG-1067-A; 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. (Miriam Hall)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 26.   Docket No. 97-0623-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Owens Corning formerly Western Fiberglass of Texas, Incorporated in Anderson County; Account No. AA-0044-U; 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. (Suzanne Walrath)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 27.   Docket No. 97-0820-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Phelps Dodge Magnet Wire Company in El Paso County; Account No. EE-0377-Q; 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. (Sheila Smith)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 28.   Docket No. 96-1505-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain action of Rodolfo Nunez dba Williams Body shop in El Paso County; Air Account No. EE-14720; 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. (Barbara Lazard)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 29.   Docket No. 97-1139-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jones and Sons Auto Sales in Kaufman County; Account No. KB-0155-D; 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, JB/BM. All Commissioners Agree

Item 30.   Docket No. 97-0924-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Danny J. Bowen dba Dan-D Auto Sales in Tarrant County; Air Account No. TA3598W; 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. (Barbara Lazard)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 31.   Docket No. 97-0769-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Fast Lube-Tigua in El Paso County; Air Account No. EE0880C; 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. (Barbara Lazard)

Issue Agreed Order, JB/BM. All Commissioners Agree


Item 32.   Docket No. 97-1067-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of David Buchanan dba Buchanan's Auto Sales in Dallas County; Account No. DB-2437-N; 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, JB/BM. All Commissioners Agree

Item 33.   Docket No. 97-1120-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Ikard & Newsom in El Paso County; Account No. EE-0971-V; 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. (Stacey Young)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 34.   Docket No. 97-1108-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Abilene Ag Service & Supply, Incorporated in Taylor County; Account No. TB-0081-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. (Stacey Young)

Issue Agreed Order, JB/BM. All Commissioners Agree

Air Agreed Order

Item 35.   Docket No. 98-0501-AIR. Consideration of an Agreed Order making the emission reductions of nitrogen oxides at Vastar Resources, Inc. Silsbee Gas Plant in Hardin County federally enforceable for the purpose of certifying the emission reductions. (Susana Hildebrand)

Approve Order with Change, RM/JB. All Commissioners Agree

Superfund

Item 36.   Docket No. 97-0408-SPF. CONSIDERATION OF AN ADMINISTRATIVE ORDER TO CONDUCT REMEDIAL DESIGN AND REMEDIAL ACTION ACTIVITIES AT THE PRECISION MACHINE & SUPPLY STATE SUPERFUND SITE IN ODESSA, ECTOR COUNTY, TEXAS. (Caroline Sweeney and Ashby McMullan)

Approve Administrative Order, RM/JB. All Commissioners Agree

Rules

Item 37.   Docket No. 98-0418-RUL. Consideration for publication of, and hearing upon, a proposed new 30 TAC Chapter 35, concerning Emergency and Temporary Orders and Permits; Temporary Suspension or Amendment of Permit Conditions and revisions to the State Implementation Plan; and for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 116, concerning Control of Air Pollution by Permits for New Construction or Modification and revisions to the State Implementation Plan; 30 TAC Chapter 291, concerning Water Rates; 30 TAC Chapter 297, concerning Water Rights, Substantive; 30 TAC Chapter 305, concerning Consolidated Permits; 30 TAC Chapter 321, concerning Control of Certain Activities by Rule; and 30 TAC Chapter 334, concerning Underground and Aboveground Storage Tanks. The primary purpose of the new chapter and proposed amendments is to consolidate the commission rules concerning emergency and temporary orders. This action is part of the commission's implementation of Senate Bills 1 and 1876, 75th Legislature, 1997. (Robin Smith) (Rule Log No. 97142-035-AD).

Continued to June 17, 1998

Item 38.   Docket No. 97-1103-RUL Consideration for publication of proposed amendments to Chapter 305, Subchapter F, Section 305.126, concerning Additional Standard Permit Conditions for Wastewater Discharge Permits. The proposed amendments will reduce reporting requirements for domestic wastewater permittees and provide them with more control over how to address wastewater treatment needs. (Jan Sills) (Rule Log No. 97138-305-WT)

Approve Publication and Hearing, JB/RM. All Commissioners Agree

Item 39.   Docket No. 98-0196-RUL Consideration for publication of, and hearing upon, the proposed repeal of 30 TAC Chapter 317, concerning Design Criteria for Sewerage Systems; and a proposed new 30 TAC Chapter 217, concerning Design Criteria for Sewerage Systems. If approved, the proposed rules would establish new and clearer requirements related to the engineering design criteria for sewage treatment systems and facilities that will collect, transport, treat, or dispose of wastewater. In addition, this proposed action constitutes the commission's review of the rules contained in 30 TAC Chapter 217, concerning Design Criteria for Sewerage Systems, in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. (Tom Weber) (Rule Log No. 95100-317-WT).
Continued to June 17, 1998

Item 40.   Docket No. 97-1107-RUL. Consideration for adoption of amendments to 30 TAC Chapter 117, Subchapter B, concerning Combustion at Existing Major Sources, Subchapter C, concerning Acid Manufacturing, Subchapter D, concerning Administrative Provisions, and Subchapter E, concerning Gas-Fired Steam Generation; and revisions to the State Implementation Plan concerning the amendments. If adopted, the changes would extend the compliance date for certain major source nitrogen oxides control measures in the Houston/Galveston and Beaumont/Port Arthur ozone nonattainment areas to November 15, 1999 and make emission monitoring requirements more flexible. The proposed rules were published in the January 9, 1998, issue of the Texas Register (23 TexReg 319). (Randy Hamilton) (Rule Log No. 97181-117-AI).

Approve Adoption, RM/BM. All Commissioners Agree

Item 41.   Docket No. 98-0476-RUL. Consideration for publication of and hearing upon proposed amendments to 30 TAC Chapter 115, Section 115.600, concerning Definitions; and for revisions to the State Implementation Plan (SIP). If approved, the proposed amendments would add language to the definition of "crawling bug insecticide" that would differentiate a "house dust mite" from other crawling bugs and a "house dust mite product" from crawling bug insecticides to exclude such products from the volatile organic compound (VOC) limitation contained in the subchapter. All of the definitions contained in the section would also be numbered to conform to new Texas Register standards. (Randy Hamilton/Steve Ortiz) (Rule Log No. 98015-115-AI).

Approve Publication and Hearing, RM/JB. All Commissioners Agree

EXECUTIVE SESSION

Item 42.   Docket No. 98-0507-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 May 21, 1998 at 1:30 p.m.

Item 43.   Docket No. 98-0508-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.

Continued to May 21, 1998 at 1:30 p.m.

(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, May 20. 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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



Item 44.   Docket No. 98-0548-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Deputy 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.

Continued to May 21, 1998 at 1:30 p.m.

Item 45.   Docket No. 98-0043-EXE. The Commission will meet in closed session to receive legal advice concerning the following litigation: Accord Agriculture, Inc. v TNRCC, in the 353rd Judicial District Court, Travis County, Texas; Cause No. 96-00159. The authority for the closed session is Section 551.071 of the 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 Open Meetings Act.

No Action Taken

Item 46.   Docket No. 98-0041-AGR. The Commission will consider for discussion a proposed general permit to be issued under Texas Water Code 26.040. The proposed general permit would authorize the discharge of waste into or adjacent to the waters in the state. In addition, the proposed general permit would authorize the emission of air contaminants. The general permit would apply to the entire state of Texas and would authorize discharges and emissions by concentrated animal feeding operations.

Item for Discussion Only

Item 47.   Docket No. 98-0042-RUL. The Commission will consider for discussion proposed amendments to 30 TAC Chapter 321, subchapter B concerning the discharge of waste into or adjacent to the waters in the state and the emission of air contaminants by concentrated animal feeding operations. The proposed amended rules concern the authorization of discharges by individual permit or permit-by-rule and authorization of emissions by a standard permit. The proposed rule changes concern the Commission's response to the ruling in Accord Agriculture, Inc. V. TNRCC, the 353rd District Court, Travis County, Texas: Cause No. 96-00159.

Repost for June 3 Agenda


OLD BUSINESS AGENDA

Wednesday, May 20, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
Room 201S, Bldg E.
12100 Park 35 Circle


Item carried forward from Agenda of April 8, 1998.

Item 1.   Docket No. 98-0237-WR. Consideration of Application Nos. 4237 and 4237A filed by and Permit No. 4302 issued to the City of Stephenville, the City of Glen Rose, and the County of Somerville for the construction of a dam and reservoir on the Paluxy River, a tributary of the Brazos River, and the diversion or use of water from the Paluxy River for domestic, municipal or recreational purposes. Under the permit, the dam would be located in Somerville County about 3.2 miles west/northwest of Glen Rose, Texas. On January 30, 1995, the district court of Travis County, Texas, 98th Judicial District, issued an opinion and order reversing this decision and remanding the case to the Commission for further proceedings consistent with the opinion. (Robin Smith)

Continued to June 17, 98 at 1:00 p.m.


AGENDA

Wednesday, May 20, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
Room 201S, Bldg E.
12100 Park 35 Circle


Item 1.   TNRCC Docket No. 96-1449-PWS-E; SOAH Docket No. 582-97-2128. 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 $3170 against B.L. Phillips Water Systems; Upshur County, Texas. (Recommendation: The Administrative Law Judge finds that a default judgment should be entered against Phillips WS assessing administrative penalty of $3170 for all violations alleged and requiring corrective actions) Cynthia Hayes

Issue Proposal for Decision and Order, BM/JB. All Commissioners Agree