Document 6g7kDLz53Nq1yDpv8D6BeJRd

/~i r/sx^t/n^uj' AGENDA ITEM VII ENFORCEMENT REPORT August 1987 Introduction In accordance with the amended Texas Clean Air Act (Act), this report has been prepared and describes the status of enforcement actions initiated by the agency. Recommendations for Board Orders with administrative penalties are included on the agenda and are reflected in this report. Enforcement Summary Since the September 1, 1985 effective date of the amended Act, Notices of Violation have been issued to 2,273 companies, individuals or govern mental agencies. Of these violations, 1,974 have been resolved. A total of 115 violation situations currently remain unresolved for more than 30 days and will require formal enforcement action. Specific details for each of the unresolved situations are contained in the attached Tables. Table 4 contains a listing of 11 companies in violation which constructed small facilities without a Board permit or exemption and for which Board Orders without administrative penalties are being developed or recommended. The cases- for which Board Orders were approved at the July Board meeting have been removed from the report. The following summarizes administrative penalty actions by the Board from September 1, 1986. Agreed Administrative Board Orders Entered: 173 Total of Administrative Penalties Assessed: $613,125.00 The following summarizes legal actions resolved through court orders entered after September 1, 1986. Cases Settled by Attorney General: 14 Total Civil Penalties Assessed: $713,844.00 Administrative Penalty Orders Pursuant to Sections 3.20 and 4.041 of the Act and in accordance with the Guidelines for Assessing Administrative Penalties, the staff will be presenting the Board Orders that have been finalized with the companies for consideration and action by the Board. Although Table 2 includes brief reference to those situations for which penalties are being recommended, these cases will be considered separately during the Board meeting. LAM 011583 DPMC-07954 * CT> > --o O 03 o 3 O' O -O CD > C-- -S cr x cr lO 3 3 3 Cl *< r* Om fS o * "1 O <"> CA ^ O / 3 3 "> 'v* "I o X* 3 CO o 3m i/i .n rT O n ai o rf c c/> 2T r* 3 * it O 3 0.-- Of 3 Q. 1/1 3 Ol rr 3 < lO O X Ol >Oi 3 O. O c v> 3 i/i IA ro IA cr > LA r* 3 O i/t OI O "3 O o 3 70 rr CD 3 Oi Oi rr i/i OO Ln .Cfc CO 7Z. O ~D IA Ol o O O. o 3 ro ro 3 2 O' O z rs? 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O 3 Of r q i/i < 00 X -- < -- LT* Of o n o I/* 3 - O -*o ftf O IO rr o 3 -* 3* rr 3 r- - O -- ro ro 3 O' O O' CO CL v -- ro rr ^ -- ro w> c 3 < -- -- rr vi (0 u > 3 c rr cl r n i "O rr ro ro rr S-- 0. -1 O' O -- rr t-- 3 it CL (A X 10 ro ro o -- o *< 3 -J n o Col 3 c 3 *o 3 a a* ro 3 ft rr -- 3 r O Vi rr vi ro i/ DPMC-07959 LAM 011588 "s. n *< eo-o r> 3* o --* ro x -- o o a* v. m i/) m< 3 a# o -* c* fO lO O-- o o rr eo -- 330 rt *3 3 *< ft# 3 a> 4< 3 O 2> --O O 09 *--3---2- o ro O rr CO 3 4< * a# ro fO O ft ft (/) ft . * ^ ' S C3/*1 OO JO r3r 0 33 fO >< o rr r-r a* -- --* O 3 w* "O - a# >3 rr 3 rr 3 4/1 yi 3**0 o o <-* 43 *wo ^ ro c Q -- 3 9 3* -> 3 a# t n aa H zr -n o o It ft <A it O. a* ^ i ' O rt c_i. </i -h-C ft oit =r O O. ft# CO "*4 ro r r* a n 3*0 -- 3 n Q# 3 3**"< O or -- o o ft -* a OO3O *% 3 <3 3 oi ro tn *n 3 O 0)0 0 rr 3 --. --"o 4/ Of -- X IA ft VI ft it it 3 o 3 -- O < 0 3 3* a# _3 3*0 O' 3 <-* CO' C 2 O o X a# --* a* -- *3 fO rr 5 2^ 3 Q. 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It < 3 ft T 40^' ft rt ft o -* Q. -> ro 09 <-r (/* O 3O 3* --> it 03 ro rt < a# ----3 rr -- 4/i -ft i o -*i a cr 3 4/1 ft 7 ft ft f) -* x" 3 -- rt> <o rr300030ir0 3 3* cof'oyro ro-^rorr -- 3 it ft ft 3" rr m3 o it <t 3 -- -- c* 3 3* U> f04/300rr-*rocn Ifl ft - 1 o rt a i/i ro -- ft# l -- XI ft X -* u> 3 DPMC-07960 LAM 011589 /J& AGENDA ITEM VII ENFORCEMENT REPORT September 1987 Introduction In accordance with the amended Texas Clean Air Act (Act), this report has been prepared and describes the status of enforcement actions initiated by the agency. Recommendations for Board Orders with administrative penalties are included on the agenda and are reflected in this report. Enforcement Summary Since the September 1, 1985 effective date of the amended Act, Notices of Violation have been issued to 2,398 companies, individuals or govern mental agencies. Of these violations, 2,062 have been resolved. A total of 122 violation situations currently remain unresolved for more than 30 days and will require formal enforcement action. Specific details for each of the unresolved situations are contained in the attached Tables. Table 4 contains a listing of 13 companies in violation which constructed small facilities without a Board permit or exemption and for which Board Orders without administrative penalties are being developed or recommended. The cases for which Board Orders were approved at the August Board meeting have been removed from the report. The following summarizes administrative penalty actions by the Board from September 1, 1986 for fiscal year 1987 (September 1, 1986 through August 31, 1987). Agreed Administrative Board Orders Entered: 189 Total of Administrative Penalties Assessed: $702,850.00 The following summarizes legal actions resolved.through court orders entered in fiscal year 1987 (September 1, 1986 through August 31, 1987). Cases Settled by Attorney General: 14 Total Civil Penalties Assessed: $713,844.00 Administrative Penalty Orders LAM 011573 Pursuant to Sections 3.20 and 4.041 of the Act and in accordance with the Guidelines for Assessing Administrative Penalties, the staff will be presenting the Board Orders that have been finalized with the companies for consideration and action by the Board. Although Table 2 includes brief reference to those situations for which penalties are being recommended, these cases will be considered separately during the Board meeting. DPMC-07944 Page 1 TACB REGION SOURCE CITY/COUNTY 1 K G Gas Processors, Ltd. Winters/Runnels County TYPE OP FACILITY Gas Processing Table 2 VIOLATIONS Since September 1, 1905 (That Will Continue More Than 30 Days) NOTIFICATION OATE 07/05/87 TYPE OF VIOLATION Permit Conditions NSPS* 2 Amarillo By-Products Amarlllo/Potter County Rendering Plant 09/08/86 Nuisance (Odor) Permit Conditions No Permit Maintenance Reporting 2 American demolition, Incorporated Borger/Hutchinson County Asbestos Contractor 12/16/86 NESHAP** (Asbestos) 2 HIk Electric Coa^any Lubbock/Lubbock County Transformer Repair 04/17/87 Nuisance (Odor) New Source Performance Standards National emission Standards for Hazardous Air Pollutants COMMENT The company failed to submit the emission reports required by NSPS on gas processing facilities. The Regional Director has recommended a Board Order with an administrative penalty which Is being developed. The company installed a larger capacity cooker with out a Board permit. Odors from unprocessed materials stored outdoors while the cooker was being replaced created nuisance conditions for the area. A permit application has been submitted and is under review. A Board Order with an agreed administrative penalty of $13,000.00 will be presented to the Board for adoption If the Order Is finalized with the company prior to the Board meeting date. The company was cited for Improper removal of asbestos at the Phillips Chemical Company facility at Borger. A formal enforcement conference was held on April 22, 1987. A Board Order with an administra tive penalty has been proposed to the company. The transformer repair facility was cited tor nui sance odors from the burnout oven and the painting operation. A formal enforcement conference was held on July 7, 1987. The Regional Otrector has recom mended a Board Order with an administrative penalty. The Olrector of Enforcement Is reviewing the matter to determine the appropriate enforcement action. 11574 DPMC-07945 Page 2 Table 2 VIOLATIONS Since September 1, 1985 (That Will Continue More Than 30 Qays) TAC6 REGION SOURCE NOTIFICATION CITT/COUNTr__________________TYPE OF FACILITY____________ PATE TYPE OF VIOLATION 2 Perryton Equity Euchtnqe Claude/Armstrong County Grain Storage 05/07/87 Ho Permit 2 Phillips Chemical Coepany Chemical Manufacturing 12/16/86 Borger/Hutchinson County NESHAP (Asbestos) 2 Teiaco U.S.A. Klngsmlll Plant Gray County Gas Processing 06/22/87 MESHAP (Asbestos) COMMENT The company constructed and continues to operate a grain elevator without a Board permit. The Regional Director has recommended a Board Order with an admin* Istrattve penalty. The 01 rector of Enforcement Is reviewing the matter to determine the appropriate enforcement action. The company was cited for Improper removal of asbestos during the dismantling of buildings and equipment at the chemical manufacturing facility. The job was contracted to American Demolition, Incorporated. Additional samples were taken from a second location on the property and tested positive for asbestos. The Regional 01 rector has recommended that the violations at both sites on the Borger facility be addressed with a single Board Order with an administrative penalty. A Board Order with an administrative penalty has been proposed to the company. The coapany had loose asbestos on the ground In an area where asbestos demolition had occurred. The Regional Wrector Is scheduling a formal enforcement conference after which a recommendation for appro priate enforcement action will be submitted. LAM 011575 DPMC-07946 -1 -- Of ft 3 T o r> oi 3 00 -> 3* TJ o t/t T 3 70* a u> rt o O O -> 3 *0 O oo r>- 3 O Of T3 C rt Of 303 ft O'-C o o o> O3 co n rt -*> Of O Cft o 30 ro o > --o O 00 oo oo c3 3 "O rt Of ^ < o T3 3m oo Of -n > o CO o O -H o> 3* -- -h r> CO m > o O' Of 3 m > -o o 3 O' -- rt Of O 03 O'! o o Of << eft re c --4 3 3 3- "CO) (l O n rt n n ca rt n ro rt c to 003 % 213 cr -- 030 3--3 rt rt Of --* Cl Of o> X I O < Of 3 rt IA o n fD (# 3 O O "J rt o> rt -h *O Of Of "J <A CO 3 O Of C rt tA -- --* (A O X a ( &> "T -- rt 3 3 0--0 Of CO 3--0 r-t O o -1 3- C O O rt -- > O *0 *< "T n3 -% *a & NO Of rtO 1 "* rt rt 3 -l rt rt Of O --3 O Of 05 ^ or orfTj w 7 6) C 7 rt 3 O' rt < t-- 3 on c. zt r> o -- Of rr 3 IA eft *0 Of O O' 3 -* 3 n O' *< -n vi rt -- IA --' Of o n rt < "o o an n . --. -- CA >0 3 0. l 3 -- O Of I IA AT Of Of f rt > r* Q rt tn3a i "O 3 i o r -- -- - O O Of -- -- C rt -- 3 --< n r* C~> -* rt -- 3 -- o o -- Of o rt -- s Of Of -- i ^ rt Of ^ too2 o3-- *a< :' rr.o ia y it c 7 n -- re rt ^ rt 3 O' C-.TO IA o * rt r* tf> CL "O O 3 rf O an o 3 i 3 Vl O i x. rt Of CL O Of Of O. < rt < rt f-t -- o t < -- o -- rt o va 0 3 < ia t Of CL 3 i tA Of C *< . o ft -- -< on v> o rt 3 Of 3 rr lo ca to -- Cl TO CL rt < rt rt < CL rt -> 3 X : Of -- fc 3 a tv n 7 - -- O 7 rt rt I A ft A t rt o' -- rt 3 a. o re o o-- -- cr o A flf 3 O o3 * o -- of n ft 3 >-*-A6f o 3 Of 3 3- --T3"Cft > 3 A -- 3 Oi TO rt o 3 Of -- 3 O 03 rt -- n rt IA -- O -- -rt *3 rt 3 -- *0 *< --f i 3 C3 <o rt rt r Of 3 O vt ft b v< tv ft O rt Of -- rts-ioOOS rt -- c rtA T 0 0 3 ~i i o -i cr *r -- Of O' r* o a a o a zr rt i 3^--3 3 -- -- "1 7 CV lf 0 0--0 < O O rt <A rt < -- o< rt 3 rt rt O' -- -- Of -- T BT ar rt & 3 -- 3 O-< O rt rt -- no nrtOS-rtTOD O -- ia o -o -- O) 7 T 3 -- Cl LAM 011576 / DPMC-07947 Page * Table 2 VIOLATIONS Since September 1, 1985 (That Will Continue More Than 30 Oays) TACB REGION SOURCE NOTIFICATION C1TY/COUNTY_________________ TYPE OF FACILITY____________ DATE________TYPE Of VIOLATION___________________________ COWENT 3 Structural Metals, Incorporated Austln/Travls County Painting Metal Fence Posts 07/14/87 No Permit The comany constructed a fence painting facility without a Board permit. The Regional Director has recommended a Board Order with an administrative penalty which is being developed. 3 Texas Lehigh Cement Company Buda/Hays County Portland Cement 02/13/67 Permit Conditions Excessive Visible Emissions The conpany was again cited on March 10 after the February 13, 1987 notice for excessive visible emissions. Because of the repeat ntture of the viola tion, a Board Order with an agreed administrative penalty of $4,500.00 will be presented to the Board for adoption If the Order is finalized with the coapany prior to the Board meeting date. 3 Tufco Ready Mix, Incorporated West/McLennan County Concrete Batch Plant 06/07/67 No Permit The comany constructed a concrete batch plant with out a Board permit, t Board Order with an agreed administrative penalty of $375.00 will be presented to the Board for adoption If the Order is finalized with the company prior to the Board meeting date. 5 Amerada Mess Corporation Oil Refinery Corpus Christl/Nueces County (Closed) 06/23/B7 NESHAP (Asbestos) The company was cited for Improper removal of asbestos insulation during demolition of the oil refinery. A formal enforcement conference was held on June 30, 1987. The Regional Oirector has recommended a Board Order with an administrative penalty which Is being developed. LAM 011577 DPMC-07S49 Page 24 TAC8 REGION SOURCE CITY/COUNTY 11 Elcor Corporation Van Horn/Culberson County Table 2 VIOLATIONS Since September l, 1985 (That Will Continue More Than 30 Days) TYPE OF FACILITY NOTIFICATION DATE Abandoned Sulfur Plant 04/19/07 TYPE OF VIOLATION NESHAP (Asbestos) 11 El Paso Refining Company, Ltd. El Paso/El Paso County Petroleum Refining 06/30/87 Opacity 11 Department of Defense, (J. S. Army Fort Bliss/El Paso County Building Renovation 07/18/87 NESHAP (Asbestos) 11 Valley Gin Con*>eny Tornlllo/EI Paso County Cotton Gin 05/16/87 No Permit COMMENT The company was cited for Improper removal of asbestos during the dismantling of buildings and equipment at a closed sulfur production facility. A formal enforcement conference was held on June 2, 1987. The Regional Director has recommended a Board Order with an administrative penalty which Is being developed. The company was cited on two ocassions for excessive visible emissions. A formal enforcement conference was held on August 18, 1987. The Regional Director Is reviewing the matter to determine the appropriate enforcement action. The Department of Defense was cited for Improper removal of asbestos at the Fort Bliss facility. A formal enforcement conference is being scheduled after which the Regional Director will submit a recommendation for appropriate enforcement action. The co^>ar\y is continuing the construction of a cotton gin without a Board permit. A formal enforce ment conference was held on June 1, 1967. A Board Order with an agreed administrative penalty of 52,600.00 will be presented to the Board for adoption If the Order Is finalized with the company prior to the Board meeting date. LAM 011578 DPMC-07949 Page 2 TAC6 REGION SOURCE CITY/COUNTY 3 Gerald Company, Incorporated Hamilton County S Oceanside Asphalt, incorporated Robstown/Nueces County 6 Bryson Tank Company Odessa/Ector County Table 3 VIOLATIONS Since September 1, 1985 {Approved for Referral to Attorney General's Office) TYPE OF FACILITY Grain Handling Portable Asphalt Plant Tank Manufacturing (Spray Painting) NOTIFICATION DATE 04/17/87 06/26/86 10/08/86 TYPE OF VIOLATION Nuisance (Odor) Permit Conditions Nuisance (Oust) foisance (Paint Overspray) COMMENT* The file on this company was referred to the Attorney General's Ofice on September 3, 1987, The company operates a feed mill which has been the subject of several odor complaints and has failed to initiate corrective actions. It is not projected that thts suit can be resolved through an agreed settlement. The company was cited for failure to water the stockpiles and roads as required in the Board permit and for creating a nuisance dust condition. The file on this coapany was referred to the Attorney General's Office on May 28, 1987, It Is projected that this lawsuit can be resolved within 10 months If an agreed settlement Is reached. The co^>ar\y Is continuing-to operate without the needed controls and the nuisance problem remains. The file on this company was referred to the Attorney General's Office on January 31, 1986. The petition was filed on August 13, 1966. Cause was dismissed because of Inability to serve the defendant. The case may be refiled. *lf settlement cannot be reached and additional court action is necessary, then it may take 2 years to resolve these lawsuits. LAM 011579 DPMC-07950 Page 3 Table 3 VIOLATIONS St nee September I, 1985 (Approved for Referral to Attorney General's Office) TACB REGION SOURCE CITV/COUNTY__________________TVPE OF FACILITY 6 C I H Enterprises Nidland/Nidland County Sandblasting 6 Permian Chemical Company, Incorporated Odessa/Ector County Fertilizer Plant 7 Keeshan and 6o$t Chemical Company Manvel/Brazoria County Haste Chemical Processing NOTIFICATION QATE________TYPE OF VIOLATION____________________________COMMENT* 10/24/85 Nuisance (Oust) No Permit The company has a history of violations which Include nuisance (dust) conditions. The file on this company was referred to the Attorney General's Office on January 31, 1986. The Attorney General's Office filed suit agatnst the wrong coepany. It Is pro* jected that once the lawsuit Is refiled and service Is obtained, the lawsuit can be resolved. 10/22/85 Permit Representations Permit Conditions Nuisance (Acid Emissions) The file on this company was referred to the Attorney General's Office on October 22, 1985 for violations occurring prior to September 1, 1985. Additional vie lotions were forwarded on January 29, 1987 for Inclu sion in the lawsuit. The lawsuit Is not expected to reach agreed settlement. An agreed temporary Injunc tion was signed by the company and sent to the Court on June 22, 1987. It requires compliance with Sections 3.27(a) and 4.01(a) of the Act and Rules 101.7 and 111.21. Trial on the merits Is set for October 12, 1987. A second amended original petition was filed on August 20, 1987; it requests that Permian be closed. 02/26/86 Ifclsance (Odors) Court Order A Judgment was entered against this company on July 12, 1965 prohibiting future odor nuisances. Additional violations have since been documented. The file was referred to the Attorney General's Office on May IS, 1986. A tentative settlement has been reached; the agreed contempt order Is being drafted. *If settlement cannot be reached and additional court action Is necessary, then it may take 2 years to resolve these lawsuits. lam Oil580 DPMC-07951 Page 4 Table 3 V10LA TIOM S Since September 1, 1985 (Approved for Referral to Attorney General's Office) TACB REGION SOURCE NOTIFICATION C1TT/COUNTY__________________ TYRE OF FACILITY____________ DATE 7 Cuyahoga Wrecking and Corporation 5 Galveston County San Patricio County Asbestos Contractor 07/30/86 7 La Porte Chemicals Vinyl Chloride 01/28/86 Corporation, Monomer Production Oiaaond Shaarock Corporation, Diamond Shaarock Plastics Corporation Oeer Park/Harris County TYRE OF VIOLATION____________________________COMMENT* NESHAP (Asbestos) The file on this company was referred to the Attorney General's Office on May 8, 1987. The company con ducted asbestos removal projects at Amoco Production Company (Galveston County) and Sun Exploration (San Patricio County) in violation of the NESHAP-Asbestos standards. The company has filed for bankruptcy. It is projected that the lawsuit can be resolved within 4 months if an agreed settlement Is reached. NESHAP (Vinyl Chloride) Peraft Conditions On June 2, 1986, the file on this company was referred to the Attorney General's Office because of the hazardous substance Involved. Additional viola tions have been periodically referred to the Attorney General's Office for inclusion in the lawsuit. It Is projected that this lawsuit can be resolved within 4 aonths if an agreed settlement Is reached. A tentative settlement with La Porte Chemicals has been reached. Settleaent negotiations with Olamond Shamrock (now Maxus Energy) are continuing. If settlement cannot be reached and additional court action is necessary, then it aay take 2 years to resolve these lawsuits. LAM 011581 DPMC-07952 Page 8 Table 3 VIOLATIONS Since September 1, 1985 (Approved for Referral to Attorney General's Office) TACB REGION SOURCE CITY/COUNTY TYPE OF FACILITY 11 Department of Defense, Building Renovation U. S. Army Natyear Construction Company Pioneer Sheet Metal Works, Incorporated Fort Bliss/El Paso County NOTIFICATION DATE 09/17/85 TYPE OF VIOLATION NESHAP (Asbestos Removal) 12 Dallas Demolition and Excavating Company Tyler/Smith County Building Demolition 09/16/85 NESHAP (Asbestos Removal) COMMENT* The file on the Amy and the two companies was referred to the Attorney General's Office on April 7, 1986 for legal action because of the hazardous sub stance Involved. On July 17, 1987, an agreed final judgment was sent to the court resolving the viola tions against Matyear and Pioneer. Civil penalties of 15,000.00 will be assessed and the companies will be prohlbltorily enjoined from violating Rule 101.20(2} in the future. Notice of Intent to sue the Department of Defense 1$ being drafted. The lawsuit against the Department of Defense will be filed In Federal court. It is not projected that the suit can be resolved through an agreed settlement. The excavating company was In the process of readying a building for Implosion without proper notification and handling of asbestos. This lawsuit is not expected to reach agreed settlement. Interrogatories were sent to the co^tany In June, 1987 and answers to interrogatories are under review. *lf settlement cannot be reached and additional court action Is necessary, then It may take 2 years to resolve these lawsuits. law 011582 DPMC-07953 AGENDA ITEM VI ENFORCEMENT REPORT November 1987 Introduction In accordance with the amended Texas Clean Air Act (Act), this report has been prepared and describes the status of enforcement actions initiated by the agency. Recommendations for Board Orders with administrative penalties are included on the agenda and are reflected in this report. Enforcement Summary From September 1, 1985 effective date of the amended Act, through August 31, 1986, Notices of Violation were issued to 1,304 companies, individuals or governmental agencies. From September 1, 1986 through August 31, 1987, Notices of Violation were issued to 1,193 companies, individuals or governmental agencies. Of these violations, 2,184 have been resolved. A total of 117 violation situations currently remain unresolved for more than 30 days and will require formal enforcement action. Specific details for each of the unresolved situations are contained in the attached Tables. Table 4 contains a listing of 14 companies in violation which constructed small facilities without a Board permit or exemption and for which Board Orders without adminis trative penalties are being developed or recommended. The cases for which Board Orders were approved at the September Board meeting have been removed from the report. The following summarizes administrative penalty actions by the Board since September 1, 1987. Agreed Administrative Board Orders Entered: 17 Total of Administrative Penalties Assessed: $29,400.00 The following summarizes legal actions resolved through court orders entered since September 1, 1987. Cases Settled by Attorney General: 2 Total Civil Penalties Assessed: $85,000.00 .. LAM 01151 Administrative Penalty Orders Pursuant to Sections 3.20 and 4.041 of the Act and in accordance with the Guidelines for Assessing Administrative Penalties, the staff will be presenting the Board Orders that have been finalized with the companies for consideration and action by the Board. Although Table 2 includes brief reference to those situations for which penalties are being recommended, these cases will be considered separately during the Board meeting. DPMC-07890 Page I TAC0 REGION SOURCE CITY/COUNTY 2 N1k Electric Company Lubbock/Lubbock County Table 1 VIOLATIONS Fran the September Enforcement Report (That Have Been Corrected) TYPE OF FACILITY Transformer Repair NOTIFICATION OATE 04/17/87 TYPE OF VIOLATION Nuisance (Odor) 7 Acme Brick Company Sealy/Austtn County Brick Manufacturing 07/12/87 Permit Conditions Regulation III (Hydrogen Fluoride) 7 Ash Lake Sand and Gravel, Soil Stabilization Incorporated Plant Sprlng/Nontgomery County OS/24/87 Exertion Conditions 7 Asphalt for Roofing Dayton/Liberty County Roofing Asphalt 07/06/87 Permit Conditions Permit Representations NSPS* New Source Performance Standards COMMENT The transformer repair facility was cited for nui sance odors from the burnout oven and the painting operation. A formal enforcement conference was he1<i on July 7, 1987. Since no additional vlulations hav been confirmed and the company appears to he operating in compliance, this matter i$ considered resolved. Stack sampltng results indicated that hydrogen fluoride emissions exceeded the permit allowable. A formal enforcement conference was held on August 10, 1987. The violation was resolved with a permit amendment on September 14, 1987 and no additional control equipment was required. The company constructed and continued to operate a soil stabilization facility without a Board permit. The matter was Initially considered for a Board Order; however, an additional review by the Legal Olvislon concluded a Standard Exemption was applicable, and the matter Is resolved. The company was found in violation of NSPS and perm provisions at the asphalt blowing facility. A forma enforcement conference was held on July 13, 1987. Additional sampling conducted Indicated the facility was operating in compliance. The Regional Director considers the matter resolved. LAM 011520 DPMC-07891 Page 1 Table 1 VIOLATIONS From the Septemher Enforcement Report (That Have Been Corrected) TACB REGION SOURCE NOTIFICATION CITT/COUNTT__________________ TYPE Of FACILITY____________ DATE________ TYPE OF VIOLATION____________________________ COMMENT 7 Intercontinental Terminals Storage Terminal Company Deer Park/Harris County U7/22/87 NESHAP "(Benzene) The company was using an unauthorized gas (or cali brating Its leak detection Instruments. The substi tution Is not allowed under the NESHAP-Benzene regulation. The cnmpany has requested authorization from EPA to use the gas. This matter Is considered clerical and resolved for this report. 7 Stepson Paper Company Pasadena/Harris County Paper Manufacture 06/14/87 Court Order The paper milt was operating in violation of the Court Order with regard to total reduced sulfur emissions. A formal enforcement conference was held on July 21, 1987. Since the Court Order cited was issued to the prior owner, a legal viability was requested in this matter. The Legal Division determined that it is inappropriate to enforce the Court Order Issued to the previous mner. 8 Burros Foods Sanger/Oenton County Grocery Store (Incinerator) 07/06/87 Permit Conditions The coe^any mas observed operating its incinerator without the afterburner In service in violation of the conditions of the permit exenptlon. The facilit. was reinspected and found in compliance. The Regional Director considers the matter resolved. 8 Hardcast, Incorporated Wylle/Col11n County Adhesives and Sealants OS/12/87 No Permit The company constructed and operated the facility without a Board permit. The facility has been sold to the Carbide Corporation and shut down. The Regional Director considers the matter resolved with regard to Hardcast, Incorporated. An Inspection is scheduled to confirm the compliance status of the nv. owner. National Emission Standards for Hazardous Air Pollutants LAM 011521 DPMC-07892 P age 3 TACK REGION SOURCE CITY/COUNTY 0 Research Polymers International Grand Pralrle/ Tarrant County A Source Lumber Systems International Joshua/Johnson County 8 U5A 1 Oallas/Dallas County 9 Uestei Aromatics, Incorporated Leakey/Real County TYPE OF FACILITY Plastics Material Compounds Table 1 VIOLATIONS From Che September Enforcement deport (That Have Been Corrected) NOTIFICATION DATE 06/14/87 TYPE OF VIOLATION Permit Provisions Hoodworking 06/28/87 No Permit Fiberglass Products 07/12/87 Permit Conditions Cedaraood Distillery 04/04/87 Opacity COMMENT The company added manufacturing processes to the facility without amending Its permit. Since addi tional controls are not required and a permit amend ment 1$ under review, the matter is considered resolved. The company relocated its facility without permit authorization. The operation has ceased ami the Regional Director considers the matter resolved. The company constructed the fiberglass products manufacturing facility without a permit, A remspec tion found the factlity had been sold and was shut down. The Regional Director considers the matter resolved. The company was cited for eicessive opacity from th boiler stack. Firebox changes were made in an attest to Improve combustion but this was unsuccess ful. On July 27, 1987. the company notified us of <= change in management and carnal tted to providing a compliance plan with specific remedies in the near future. A recent fire has caused the plant to cease operation for the interim. The matter is considers resolved providing the facility is restart*.! m compliance. LAM 011522 DPMC-07893 Page 4 Table 1 VIOLATIONS From the September Enforcement Report (That Have Been Corrected) TACB REGION SOURCE NOTIFICATION CITY/COUNTY__________________ TYPE Of FACILITY____________ DATE TYPE Of VIOLATION____________________________ COMMENT 9 US Brick, Incorporated Elaendorf/Bexar County Brick Manufacturing 04/06/87 Permit Conditions Fluoride Emissions The conpany was cited for exceeding the permit allow able for emissions of fluorides. The company con tended the violation was invalid which delayed the submittal of an acceptable compliance plan. A forma' enforcement conference was held on July 21, 1987. The Legal Oivision is evaluating the company's position as outlined in its August 10, 1987 letter. Since this matter 1$ expected to he resolved with a permit amendment requiring no additional control equipment, the issues are considered clerical and resolved for this report. 10 Texaco Refining and Petroleum Refining Marketing, Incorporated Port Arth-ir/Jefferson County 07/01/87 Permit Conditions NSPS The company was cited For failur* to conduct perform ance tests on two process units as required by the NSPS rules and permit conditions. A company request for waiver of the requirement for performance testin' has been evaluated and a recommendation wiII be for warded to EPA asking that a waiver be granted. If the initial review indicates a waiver can be granted, this matter will be resolved for this report. l2 Trlnlty Industries Longview/Gregg County Steel Fabrication (Hopper Cars) (Sandblastlng and Spray Painting) 10/28/86 No Permit The company started construction on a spray painting facility without a Board permit. A permit and a permit amendment have since been issued to ihn com pany and the matter is considered rpsolved. LAM 011523 DPMC-07894 Page TAGS REGION SOURCE CITY/COUNTY 1 K G Gas Processors, Ltd. Winters/Runnels County TYPE OF FACILITY Gas Processing Table 2 VIOLATIONS Since September 1, 1985 (That Will Continue More Than 30 Days) NOTIFICATION OATE TYPE OF VIOLATION 07/05/87 Permit Conditions NSPS 2 Amirlllo By-Products Amaril lo/Potter County Rendering Plant 09/08/86 Nuisance (Odor) Permit Conditions No Permit Maintenance Reporting 2 American Demolition, Incorporated Borger/Hutchlnson County Asbestos Contractor 12/16/86 NESHAP (Asbestos) COMMENT The company failed to submit the emission reports required by NSPS on gas processing facilities. A Board Order with an agreed administrative penalty of 5500.00 will be presented to the Board for adoption if the Order Is finalized with the company prior to the Board eting date. The company Installed a larger capacity cooker with out a Board permit. Odors from unprocessed materials stored outdoors while the cooker was being replaced created nuisance conditions for the area. A permit application has been submitted and is under review. A Board Order with an agreed administrative penalty of $13,000.00 will be presented to the Board for adoption If the Order Is finalized with the company prior to the Board meeting date. The co^any was cited for Improper removal of asbestos at the Phillips Chemical Company facility at Borger. A formal enforcement conference was held on April 22, 1987. A Board Order with an administra tive penalty has been proposed to the company. The company has submitted additional information regard ing the actual dates of violation which is hing reviewed by the legal Division. LAM 011524 DPMC-07895 Page ? Table 2 VIOLATIONS Since September 1, 1985 (That Will Continue More Than 30 Oay$5 TACB REGION SOURCE NOTIFICATION CITV/COUNTT__________________ TYPE OF FACILITY____________ DATE TYPE OF VIOLATION____________________________ COMMENT 2 Perryton Equity Exchange Claude/Armstrong County Grain Storage 05/07/87 No Permit The company constructed anil continues to operate a grain elevator without a Board permit. A Board Order with an agreed administrative penalty of S3,1/6.00 will be presented to the Board for adoption if the Order Is finalized with the company prior tn the Board meeting date. 2 Phillips 66 Company Borger/Hutchlnson County Chemical Manufacturing 1?/16/86 NESHAP (Asbestos) The company was cited for improper removal of asbestos during the dismantling of buildings and equipment at the chemical manufact /ring facility. The job was contracted to American Demolition, Incorporated. Additional samples were taken from a Second location on the property and tested iJOsitive for asbestos. The Regional Director has recmmendcd that the violations at both sites on the Rorger facility be addressed with a single Board Order with an administrative penalty. A Board Order w<th an agreed administrative penalty of $175,000.vO-wlII be presented to the Board for adoption If the Order Is finalized with the company prior to the Board meeting date. 2 Texaco U.S.A. Kingsmi11 Plant Gray County Gas Processing 06/22/87 NESHAP (Asbestos) The company had loose asbestos on the ground In an area irtiere asbestos demolition had occurred. A formal enforcement conference was held on September 2, 1987. The Regional Director has recom mended a Board Order with an administrative penalty; however, an additional analysis of the asbestos samples Is being conducted prior to proceeding with development of a Board Order. LAM 011525 DPMC-07896 Page 3 Table 2 VIOLATIONS Since September I, 198S (That Will Continue More Than 30 Days) TAC8 REGION SOURCE NOTIFICATION CITT/COUNT*__________________ TVPE OF FACILITY____________ DATE TYPE OF VIOLATION____________________________ COMMENT 3 Clastic Marble Company Austin/Travis County Cultured Marble 07/16/87 No Permit The company constructed a cultured marble facility without a Board permit. Because the company had prior knowledge of the permit requirements, the Regional Director has recommended a Hoard Order with an administrative penalty. A Board Order with an agreed administrative penalty of 1800.00 will be presented to the Board for adoption If the Order Is finalized with the company prior to the Board meeting date. 3 Henry Whited Austin/Travis County Copper Wire Recycling 07/01/87 Outdoor burning The individual was cited for unauthorized outdoor burning of Insulation from copper wire. A Hoard Order with an agreed administrative penalty of S250.00 will be presented to the Board for adoption if the Order Is finalized with the individual prior to the Board meeting date. 3 Pharaoh and Associates, incorporated Burton/Washington County 011 and Gas Production 06/15/87 Nuisance (Odor) No Permit The company was cited for nuisance odors from the unauthorized venting at a gas well. A formal enforcement conference was held on July 20. iuu7. A Board Order with an administrative penalty has been proposed to the company. LAM 011526 DPMC-07897 Page 4 TAC8 REGION SOURCE CITY/COUNTY 3 Plas Clad, Incorporated Temple/Beil County TYPE Of FACILITY Wood Products Table 2 VIOLATIONS Since September l, 1985 (That Will Continue More than 30 Days) NOTIFICATION DATE TYPE OF VIOLATION 08/13/87 Nuisance (Sawdust) 3 Southwest Railroad Car Parts Jewett/Leon County Metal and Wood Sal vi 9e 05/03/87 Permit Conditions Opacity Outdoor Burning 3 Structural Metals, Incorporated Austin/Travis County Painting Metal Fence Posts 07/14/87 No Permit COMMENT The company was cited for nuisance sawdust condition1 created by defective air pollution control equlp-neni (cyclone). A forma) enforcement conference was held on Septenfcer 24, 1987, The Regional Oirectnr has recommended a Board Order with an admini$trati*e penalty which Is being developed. The company was cited for outdoor burning, excessive visible emissions and for failure to comply with the Board permit exemption conditions at Its railcar Incineration operation. A formal enforcement confer ence was held on August 20, 1987. Process changes and modifications were developed and Implemented to bring the facility Into compliance on the opacity anc the permit conditions. A follow-up Investigation Is scheduled to confirm the compliance status. The outdoor burning violation Is being forwarded to the Attorney General's Office for inclusion in an exist ing lawsuit. The coapany constructed a fence painting facility without a Board permit, A forma) enforcement conference was held on September 23, 1987. A Hoard Order with an administrative penalty has been proposed to the company. LAM 011527 DPMC-07898 Page 5 TAC8 REGION SOURCE CITY/COUNTY 4 Anglo Iron and Hetal Company, Incorporated Harlingen/Cameron County Table 2 VIOLATIONS Since September 1, 1985 (That Will Continue More Than 30 flays) TYPE Of FACILITY NOTIFICATION OATE Scrap Hetal Shredding 08/26/87 TYPE OF VIOLATION Outdoor Burning Nuisance (Smoke) 5 Aivrada Hess Corporation 011 Refinery Corpus Chrtsti/Nueces County (Closed) 06/23/87 NESHAP (Asbestos) S American Chrome and Chromium Chemicals Chemicals, Incorporated Manufacturing Corpus Chrlstl/Nueces County 07/11/817 Opacity COMMENT The company was conducting outdoor burning of debris and created a nuisance smoke condition. A forma 1 enforcement conference was held on October 9. 1987. The Regional Director mill cmplete a review of tv company's compliance plan prior to submitting a recommendation for appropriate enforcement action. The company was cited for Improper removal of asbestos Insulation during demolition of the oil refinery. A formal enforcement conference was held on June 30, 1987. A Board Order with an agreed administrative penalty of $7,000.00 will be present! to the Board for adoption If the Order Is finalized with the company prior to the Hoard meeting date. The company was cited for excessive opacity from the chrome hearth stacks A formal enforcement conferenc was held on August 3, 1987. The company submitted a proposal to Install a baghouse to reduce emissions from the hearth. The Regional Director had recom mended a Board Order with an administrative penalty. Subsequently, tbe company requested additional time to further evaluate Us abatement plan to insure adequacy. A proposed Hoard Order Is now h-ing finalized. LAM 011528 DPMC-07899 Page 6 fable 2 VIOLATIONS Since September 1, 198S (That UIU Continue More Than 30 Days) TACB REGION SOURCE NOTIFICATION CITY/COUNTY__________________ TYPE OF FACILITY____________ OATE TYPE Of VIOLATION____________________________ COMMENT Formosa Plastics Plastics Manufacture Corporation Texas Point Comfort/Calhoun County 06/14/87 NESHAP (Vinyl Chloride) The company was cited for a relief valve release of vinyl chloride. A formal enforcement conference was held on July 7, 1987. At the company's request, the violation circumstances were reevaluated. A Board Order with an agreed administrative penalty of S?,700.00 will be presented to the Board for adopt to1If the Order is finalized with the company prior to the Board meeting date. Kaspar Hire Works, Incorporated Shiner/Lavaca County Fabricated Metal Products 00/04/87 Permit Conditions No Permit The company was cited for an increase in production without obtaining a permit amendment. A formal enforcement conference was held on September 10, 1987, The Regional Director has recommended a Board Order with an administrative penalty which is being developed. Universal Tubular Services Incorporated aka ICO, Incorporated Corpus Christ(/Nueces County Pipe Facility 03/11/07 No Permit The company was cited for increasing production without a Board permit. A formal enforcement conference was held on March 20, 1907. Thu company will provide additional information on the proposed abatement equipment and has requested that the penalty amount be reconsidered. A Board Or-Jer with an agreed administrative penalty of 13.BOO.UO will be presented to the Board for adoption if the Order is finalized with the company prior to the Board meeting date. law 011529 DPMC-07900 Page 7 Table 2 VIOLATIONS Since September L 1086 (That Will Continue More (fun 30 Days) TAC8 REGION SOURCE NOTIFICATION CITY/COUNTY_________________ TYPE OF FACILITY____________ DATE________ TYPE OF VIOLATION 6 Champion Chemicals, Incorporated Odessa/Ector County General Chemical* 03/04/87 Nuisance (Odors) Board Order 6 Farmland Industries, Incorporated Irion County and Schleicher County Natural Gas Processing 07/27/87 No Permit 6 Leigh Brothers Coatings Odessa/Ector County Oilfield Equipment Coatings 08/05/87 No Permit Permit Conditions Permit Representations COHHCNT The company was cited for nuisance odors an** noncompliance with Board Order No. 06-114(d). The company had refused to accept the Board Order and administrative penalty which was proposal. Howevei the company has employed a consultant to develop an effective compliance plan. During a conference hM on October 7, 1987, the company proposed the model ling of four substances handled by the plant for downwind nuisance potential. A settlement will he negotiated after the plan has been submitted and approved. The co^iany was cited for adding and modifying equipment at each of three plant sites without obtaining a permit or permit amendments. The viola tlons were self-reported. A formal enforcement conference was held on August 11, 1987. A Hoard Order with an agreed administrative penalty of $4,250.00 will be presented to the Board for adopt 1 If the Order Is finalised with the company prior to the Board meeting date. The cwqjany was cited for conducting sandblasting outdoors instead of in a building as required by t'>< special permit. A formal enforcement conference wa held on August 13, 1987. The Regional Director has recommended a Board Order with an administrative penalty which Is being developed. LAM 011530 DPMC-07901 Page 8 Table 2 VIOLATIONS Since September 1, 1985 (That Will Continue More Than 30 Days) TACB REGION SOURCE NOTIFICATION Cirr/COUNTT__________________rrPC OF FACILITY_____________ DATE________ TYPE OF VIOLATION____________________________ COMMENT 6 Neleh Gas Systems McCamey/Crockett County Gas Processing 09/05/87 No Permit Pemit Conditlons The company was cited for a modification of its production process that resulted in a significant increase in emissions of sulfur dioxide. A format enforcement conference was held on October 7, 1987. The Regional Director has recommended a Hoard Order with an administrative penalty which is being developed. 7 Alonzo's Concrete Company Concrete Batch Plant 05/31/87 Pasadena/Harris County No Permit The company constructed and continues to operate a concrete batch facility without a Board permit. A Board Order with an agreed administrative penalty ot $500.00 will be presented to the Board for adoption If the Order Is finalized with the company prior to the Board meeting date. 7 Amoco Chemicals Company Petrochemical Texas City/Gal veston County Manufacturing 04/14/86 Permit Conditions NESHAP (Benzene) The company reported that 2,400 pounds of benzene were released through a defective relief valve. Th, co^tany claimed Its process was not subject to the NESHAP benzene regulation. The natter was referred to the EPA. A recent determination from the CPA indicates the release is regulated under the benze" NESHAP standards. A Board Order with an agreed administrative penalty of $9,500.00 wi11 be present- to the Board for adoption if the Order is final i/e-i with the company prior to the Board meeting dat**. LAM 011531 DPMC-07902 Page 9 Table 2 VIOLATIONS Since September 1, 198S (That Hill Continue More Than 30 Oays) TACB REGION SOURCE NOTIFICATION CITY/COUNTY__________________ TYPE OF FACILITY____________ PATE TYPE OF VIOLATION____________________________ COMMENT 7 Amoco Oil Company Petroleum Refining Teias City/Gal veston County 08/17/87 NSPS (Performance Testing) Permit Conditions The company mas found operating in v1olat?on of the NSPS monitoring requirements for carbon mono ode i/ith regard to the operation of the fluid catalytic cracking unit. A formal enforcement conference was held on September 10, 1987. The Regional Director has recommended a Board Order with an administrative penalty which Is being developed. 7 ARCO Chemical Company Chemical Plant Channel view/Harris County 08/08/87 IESHAP (Benzene) The company was found In violation of several NESHAP benzene fugitive emission control provisions. A formal enforcement conference was held on September 14, 1967. The company fatted to install and maintain a flame sensing device on the plant flare in benzene service as required by the NESHAP benzene regulations. The Regional Director has recommended a Board Order with an administrative penalty which is being developed. 7 Ashland Chemical Company Houston/Harris County Petrochemical Manufacturing 05/17/87 Permit Conditions The company was operating a bulk chemical storage facility without the required emission controls. A formal enforcement conference was held on June 9, 1987. A Board Order with an agreed administrative penalty of 14,200.00 will be presented to the Board for adoption If the Order is finalized with the company prior to the Board meeting date. LAM 011532 DPMC-07903 Page trt Table 2 VIOLATIONS Since September 1, 1966 (That Will Continue More Than 30 Oays) FACB REGION SOURCE NOTIFICATION CITY/COUNTY__________________ TYPE Of FACILITY____________ DATE________ TYPE OF VIOLATION____________________________ COMMENT 7 Crown Cork and Seat Company, Incorporated Galena Pari/Karris County Fabricated Hetat Products 02/26/87 Ho Permit HSPS The company Increased production and added additiona capacity to its beverage can anufacturinq facility without a Board permit and In violation of the Federal NSPS. The Legal Division completed a review of the natter for viability. The facility is cur rently shut down. The Board Order with an adminis trative penalty 1$ being revised to reflect an accelerated compliance date. 7 0 and R Metal Finishing Houston/Harris County Sandblasting, 04/01/87 Painting and Plating No Permit The company constructed and continues to operate a metal finishing facility without a Board permit. Three attempts mere made to deliver the violation letter before U was accepted. A forma) enforcement conference was held on July 30, 1987. A Hoard Order with an administrative penalty of SI,500,Oil will be presented to the Board for adoption If the Order is finalized with the company prior to the Board me*tin date. 7 Doty Landfill Houston/Harris County Landfill 03/16/87 Nuisance (Odors) The company operates a landfill which has been the subject of numerous citizen complaints. The file ha been under review by the Director of Enforcement to determine the appropriate enforcement action. A Board Order with an administrative penalty has been proposed to the company. The company responded with a letter dated Septeofcer 18, 1987 Indicating addi tional Information will he submitted and asked that the penalty be reconsidered. LAM 011533 DPMC-07904 Page 11 TACB REGION SOURCE CITY/COUNTY 7 Exxon Chemical Americas Raytown/Harrl$ County TYPE OF FACILITY Petrochemical Manufacturing Table 2 VIOLATIONS Since September 1, 1905 (That Hill Continue More Than 30 Days) NOTIFICATION DATE 08/29/87 TYPE OF VIOLATION NESKAP (Benzene) 7 Fifty Four 0 One Oashwood, Office Complex Incorporated Belialre/Harrls County 07/27/07 NESHAP (Asbestos) 7 fusion. Incorporated Houston/Harris County Chrome Plating 06/26/87 No Permit 7 Gulf States Asphalt Company, Incorporated Deer Rari/Harris County Asphalt Products (With Asbestos) 07/26/87 MESHAP (Asbestos) COMMENT The company failed to install and maintain Maine sensing devices on the plant flares in benzene service as required by the NESHAP-Benzene regula tions. A formal enforcement conference was he 1.1 on September 21, 1987. The Regional Director has recommended a Board Order with an administrative penalty which Is being developed. The company operated the building complex and was responsible for a renovation project in winch asbestos was Improperly removed. A Board Order will an administrative penalty has been proposed to the company; however, an additional analysis of the asbestos samples is being conducted before the Order is finalized. The company constructed and continues to operate a chrome plating facility without a Board permit. A permit application has been submitted and is under review. A Board Order with an administrative penali has been proposed to the company. The company was cited for visible emissions emanatm from a process where asphalt containing asbestos is manufactured. The matter is under review in the Legal Division to determine the NESHAP applicability LAM 011534 DPMC-07905 Page 12 Table 2 VIOLATIONS SI nee September 1, 1985 (That Will Continue More Than 30 Days) TACB REGION SOURCE NOTIFICATION CITT/COUNTY__________________ TYPE OF FACILITY____________ PATE TYPE OF VIOLATION____________________________ COMMENT 7 Monsanto Company Al vi n/Brazori a County Petrochemical Manufacturing 08/10/87 NESHAP (Benzene) The company mas found in violation of the NESHAP* Benzene regulation regarding leak testing and cali bration of the leak test equipment. A formal enforc, ment conference was held on Septemher 28, 1987. The Regional Oirector Is reviewing the matter and will submit a recommendation for appropriate enforcement action. 7 Occidental Chemical Corporation Pasadena/Harrts County PVC Manufacturing 03/04/87 NESHAP (Vinyl Chloride) Perml t Condi tions The company reported a vinyl chloride release in violation of the NESHAP regulations. A Board Qr-ker with an agreed administrative penalty was to be presented to the Board for adoption; however, additional violations have been cited and will be Included In a revised Board Order. 7 Olshan Demolition Mouston/Harris County Landfill 03/16/87 Nuisance (Odors) The company operates a landfill which has been the subject of numerous odor complaints. The file has been under review by the Deputy Executive Director. A Board Order with an administrative penalty has bee proposed to the co^iany; however, the company has nq agreed to the penalty and negotiations are continu ing. Additional formal enforcement action will he recommended if an agreed Board Order cannni be developed. LAM 011535 DPMC-07906 Page 13 TACB REGION SOURCE CITY/COUNTY 7 Paktank Corporation Deer Park/Harris County 7 Rtgs R Us Houston/Harris County 7 Shell Oil Company/ Shell Chemical Company Oeer Park/Harris County TYPE OF fACUITY Storage Terminal Table 2 VIOLATIONS Since September l, 1985 (That Mill Continue More Than 30 Days) NOTIFICATION OATE 07/IS/87 TYPE OF VIOLATION KESHAP (Benzene) Board Order No. 86-114(1) Permit Conditions Drilling Structures 03/30/87 No Permit. Organic Chemicals 04/19/87 NESHAP (Vinyl Chloride) COMMENT The company's terminal and storage facility were found to be In violation of permit conditions and NESHAP (Benzene) monitoring and recordkeeping requirements regarding pumps In benzene service. l company was also cited for violating a Board Order which requires compliance with NESHAP regulations, formal enforcement conference was held on August 3, 1987. The Regional Director has recommended a Boar Order with an administrative penalty which is being developed. The company constructed and continues to operate a sandblasting and painting facility without a Board permit. A Board Order with an agreed administrate penalty of (2,000.00 wifi be presented to the Board for adoption If the Order is finalized with the company prior to the Board meeting dat*. The company reported vinyl chloride releases in vie latlon of the NESHAP regulations. A formal enforce went conference was held on Hay 12, 1987. A Board Order with an agreed administrative penalty of 16,000.00 will be presented to the Board for adopt' if the Order is finalized with the company prior tc the Board meeting date. LAM 011536 DPMC-07907 Page 14 TACB REGION SOURCE cw/counnr 7 Shintech, Incorporated Freeport/Brazoria County 7 Texas Tx Tx Marine Transportation, ' Incorporated Houston/Harris County 7 Troy Pipe Supply, Incorporated Mlllls/Montgomery County 7 United States Postal Service Bellaire/Harris County TVPE OF FACILITf Chemicals Manufacturing Table 2 VIOLATIONS Since September 1, 1985 (That Will Continue Wore Than 30 Days) NOTIFICATION DATE 07/08/87 TrPE OF VIOLATION NESHAP (Vinyl Chloride) Permit Conditlons Petroleum Coke Terminal Pipe Recycling 01/28/87 Permit Representations Permit Conditlons 03/16/87 No Permit U. S, Post Office 07/27/87 NESHAP (Asbestos) COMMENT The company reported a vinyl chloride release in violation of the NESHAP standard. A Hoard Order wit' an agreed administrative penalty of S2.0UO.OO Mill h< presented to the Board for adoption if the OrJer is finalized with the company prior to the Hoard meet in date. The company was operating a coke storage and loading facility in a manner not authorized by the Board per mit. Additional violations have been issued to the company and will be incorporated Into a revised Hoar Order with an administrative penalty. The company constructed and continues to operate an oilfield pipe coating facility without a Hoard permit. A permit application has been received and Is under review. A Board Order with an agreed administrative penalty of $4,000.00 will he present*' to the Hoard for adoption if the Order is finalized with the conpany prior to the Hoard meeting date. The Postal Service owns an office complex winch was the site of an improper asbestos renovation project. A Hoard Order with an administrative penalty has bee<proposed to the Postal Service; however an additional analysis of the asbestos samples is being conducted before the Order is finalized. lam 011537 DPMC-07908 Page Table 2 VIOLATIONS Since September 1, 1985 (That Will Continue Hore Than 30 Days) TACB REGION SOURCE NOTIFICATION CITV/COUNTT__________________ TYPE OF FACILITY____________ DATE TYPE OF VIOLATION____________________________ COttiENT Rollins Environmental Services, Incorporated Oeer Park/Narrfs County Hazardous Waste lncinerator 09/29/87 Upset Report!ng Perm!t Condi tIons NSPS (Storage Tanks) NESHAP (Benzene) The company failed to properly report major upset conditions which resulted in fugitive emissions in violation of the conditions of the permit. In addi tion, there were violations of the NSPS regulation with regard to volatile organic compound storage facilities and of the NESHAP-Benzene leak detect ion and reporting requirements. A formal enforcement conference was held on October 13, 1907. A Board Order with an agreed administrative penalty of 113,000.00 will be presented to the Board for adop tion if the Order Is finalized with the company prior to the Board meeting date. V. R. Grace and Company Oeer Part/Karris County Petrochemical Manufacturing 06/30/87 Permit Conditions Stack sampling results Indicate that the company's formaldehyde emissions eiceed the permit allowable. The company has retested the process. The Regional Oirector has recommended a Board Order with an adminlstrative penalty which is being developed. Wood Material aka Barbee Enterprise, Incorporated Conroe/Montgomery County Asphaltic Concrete Plant 05/14/86 Opaclty Permit Conditions NSPS (Opacity) The company was found in violation of NSPS, opacity and permit conditions at the asphaltic concrete plant. Additional odor complaints have been received and a meeting was held with the company. A Board Order with an administrative penalty was pro posed to the company; however, the company did not agree to the Board Order. The file is being preparefor referral to the Attorney General's Office for lawsuit. LAM 011538 DPMC-07909 Page Table 2 VIOLATIONS Since September 1, 198S (That Will Continue More Than 30 Days) TACB REGION SOURCE NOTIFICATION CITV/COUNTY__________________ TYPE OF FACILITY____________ DATE________ TYPE OF VIOLATION____________________________ COMMENT 8 Acme Bag Manufacturing, Incorporated Dallas/Dallas County Flexographic Printing 04/29/87 No Permit The company installed a printing press without a Board permit. A permit application has been sub mitted and Is under review. A Board Order with an agreed administrative penalty of SI.925.01) will he presented to the Board for adoption If the Order is finalized with the company prior to the Board meet in date. 8 Alton Laboratories, Pharmaceuticals/ 05/13/87 Incorporated Ophthalmic Medication fort Uorth/Tarrant County No Permit The company constructed and continues to operate five ethylene oxide sterilization units without a Board permit. A permit application has been sub mitted and Is under review. A Board Order with an agreed administrative penalty of $475.00 will he presented to the Board for adoption if the Order is finalized with the company prior to the Bnard meet in date. 8 AMF Ben Hogan Company Golf Clubs and 8a11s 05/04/87 Fort Worth/Tarrant County Manufacturing No Permit The company constructed and continues to operate a controlled pyrolysis furnace without a Board permit. A permit application has been submitted and is under review. A Board Order with an agreed administrative penalty of $750.00 will be presented to the Board fo adoption if the Order Is finalized with the empany prior to the Board meeting date. LAM 011539 DPMC-07910 Pige I7 TACB REGION 8 SOURCE CITY/COUNTY City Wide fuels Distributors, Incorporated Southlake/Tarrant County e Dext Company Dallas/Oallas County Table 2 VIOLATIONS Since September 1, 1985 (That Will Continue Nore Than 30 Oays) TYPE OF`FACILITY Gasoline Bulk Terminal Blending Facility NOTIFICATION DATE TYPE OF VIOLATION 09/19/87 No Permit Waste Food Processing 03/10/87 Permit Representations Opacity 8 016 Refining, Incorporated Silver Recovery Oallas/Dallas County 07/21/87 No Permit COMMENT The company constructed and continues to operate a gasoline terminal and blending facility without a Board permit. A permit application has been submitted and is under review. The Regional Director irevlewing the matter to determine the appropriate enforcement action. The coepany was cited for increasing the hours of operation in violation of permit representations. I' appears however that this situation may he resolved through permit amendment which was submitted on March 31, 1987. A subsequent investigation on April 30, 1987 revealed excessive opacity from the dryer stack. Opacity levels have now been reduced a confirmed by inspection on July 29, 1987. The com pany hired a consultant to develop a compliance plan which has been submitted. The Director of Enforcement is reviewing the natter to determine the appropriate enforcement action. The company relocated its silver reclamation facilit> without a Board permit. A permit application has been submitted and is under review. The Region*! Director has recommended a Board Order with an administrative penalty which is being developed. LAM 011540 DPMC-07911 Page 18 taco REGION SOURCE CITY/COUNTY 8 Farris Concrete Co^iany Melissa/Collin County Table 2 VIOLATIONS Since September 1, 1985 (That Will Continue More Than 30 Days) TYPE OF FACILITY Ready Mix Concrete Plant NOTIFICATION DATE 04/05/87 TYPE OF VIOLATION Exemption Conditions 8 Flexible Fom Products Terrell/Kaufman County Foam Rubber Manufacturing 05/05/87 No Permit 8 Larry Jones, Incorporated Cabtnet Shop Arilngton/Tarrant County 12/12/05 No Permit COMMENT The coe^any was cited for failure to Install water sprinklers on aggregate stockpiles as required by t`>e Standard Exemption. A Board Order with an agreed administrative penalty of 1500.00 will be presented to the Board for adoption If the Order is finalised with the Company prior to the Board meeting date. The company constructed and continues to operate a foam and carpet pad manufacturing facility without a Board permit. A permit application has been submit ted and 1* under review. A Board Order with an agreed administrative penalty of 55,250.00 will he presented to the Board for adoption if the Order is finalized with the company prior to the Board meeting date. The company constructed a custom wooden cabinet manufacturing facility without a Board permit. A public hearing was held on Nay 26, 1987; however, no opposition attended. The Board Order on the con tested case hearing was entered at the July 17, 1987 Board meeting and a permit was Issued to the com pany. A Board Order with an administrative penalty has been proposed to the company. lam 011541 DPMC-07912 Page 19 Table 2 VIOLATIONS Since September I, 1905 (That Will Continue More Than 30 Days) TACB REGION SOURCE NOTIFICATION CITY/COUNTY__________________ TYPE OF FACILITY____________ DATE TYPE OF VIOLATION_____________________________COMENT 8 Lattlmore Materials Company Wet Batch Concrete Greenvi)1e/Kunt County Plant 07/06/07 Permit Conditions The company was cited for several provisions of its permit Including heavy dust emissions and inadequate abatement equipment. The Regional Director has recommended a Board Order with an administrative penalty which Is being developed. 8 North Texas Aggregates Incorporated Ch1co/U1$e County Portable Rock Crushing Plant 08/17/87 Permit Exemption Conditions The company was cited for violation of the condi tions of the exemptions which included the failure to keep in-plant roads watered and Inadequate water sprays. The company initiated repairs on the water spray system and the violation was thought tn be resolved. Subsequent investigation revealed that to water sprays were still inadequate. The Regional Director has recommended a Board Order with an administrative penalty which is being developed. 8 Overwraps, Incorporated Oallas/Oallas County Flexographic Printing 05/25/87 No Permit The company constructed and continues to operate a printing facility without a Board permit. A consul tant has been hired to identify appropriate controls and prepare a permit application. A Board Order wit an agreed administrative penalty of $5,900.00 wlIt h presented to the Hoard for adoption if the Order is finalized with the company prior to the Board meet in date. LAM 011542 DPMC-07913 Page 20 TACB REGION SOURCE CITY/COUNTY 8 Pamarco, Incorporated Dallas/Oallas County TYPE OF FACILITY Printing Press Repair Table 2 VIOLATIONS Since September t, 1985 (That Will Continue More Than 30 Days) NOTIFICATION DATE 06/14/87 TYPE OF VIOLATION No Permit 8 Presbyterian Hospital Kaufman/Kaufman County Pathological Incinerator 04/11/87 Exemption Conditions 8 Rushing Paving Company, Incorporated Shenun/Grayson County Asphaltic Concrete Batch Plant 08/30/87 Opacity Permit Conditions COMMENT The company constructed and continues to operate a printing press roller refurbishing facility without Board permit. The company has agreed to submit a permit application. Additional informal ion has benrequested from the company and will be reviewed to determine If the company qualifies as a small soun.> The hospital was cited for visible emissions from tb incinerator In violation of the conditions of the Standard Exemption. A Board Order with an agreed administrative penalty of 12,700.00 wil1 be presents to the Board for adoption If the Order is finalized with the company prior to the Board meeting date. The facility has a history of violations of opacity limits and permit conditions. It was again found tr be in violation for excess opacity from the scrubber stack and dust emissions from in-plant traffic. Thi company has shut down the facility until correction1, are completed. The Regional Director has recommendr a Board Order with an administrative penalty which i being developed. LAM 011543 DPMC-07914 Page 21 TACB REGION SOURCE CITY/COUNTY 8 Southwest Heat Exchanger Fort Worth/Tarrant County TYPE Of FACILITY Air Conditioning Condensers Table 2 VIOLATIONS Since September 1, 1985 (That Mill Continue Hore Than 30 Oays) NOTIFICATION DATE TYPE OF VIOLATION 08/17/87 No Permit 9 The Pafcs Corporation . Junction/Kimble County General Chemicals 06/01/87 Nuisance (Sawdust) Opaclty 9 Powerwall, Incorporated Poteet/Atascosa County Fiber Reinforced Stucco 06/29/87 No Permit 9 Texarome, Incorporated LeakeyVReal County Cedar Oil Hill 04/11/87 Permit Representations Excessive Visible Emissions COMMENT The ceapany constructed and continues to operate a vapor degreaser without a Board permit. A permit application has been submitted and is under review. The Regional Director Is reviewing the matter to detemhe the appropriate enforcement action. The cotyony was cited for excessive opacity from the air pollution control equipment (cyclone) and for nuisance conditions created by burning sawdust. After a review of the company's compliance plan, the Regiomtf 01 rector will complete the recommendation for a Beard Order with an administrative penalty. The cotyany constructed and continues to operate the facility without a Board permit. A formal enforce ment conference was held on July 14, 1987. The develtyaent of a Board Order with an administrative penalty has been delayed due to the company owner being ty the hospital and unable to submit the additional information on capttal costs needed to compter* the review. The ce^any was cited for not constructing the plant as represented in the permit application and for excessive visible emissions. A formal enforcement confemmce was held on April 28, 1987. A Board Order with at administrative penalty has been proposed to the cmpany. LAM 011544 DPMC-07915 Page 22 TACB REGION SOURCE ClTY/COlINTY 9 USti Industries, Incorporated New Braunfels/Comal County Table 2 VIOLATIONS Since September l, 1905 (That Will Continue More Thin 30 Days) TYPE OF FACILITY limestone Quarry and lime Products NOTIFICATION DATE 06/25/87 TYPE OF VIOLATION Perm!t Conditions 10 American Petrofina Bulk Hydrocarbon Pipeline Company Termlnal Port Arthur/Jefferson County 07/17/87 Nuisance (Odors) 10 Bright Coop, Incorporated Nacogdoches/Nacogdoches County Wood Pallet Manufacturing 07/21/86 No Permit COMMENT The company was cited for dust emissions from the fines unloading area. A format enforcement confer ence was held on June 30, 1987. A Board Order with an agreed administrative penalty of Sl.0iio.00 will presented to the Board for adoption if the Order is finalized with the company prior to the Board date. The company was cited for creating nuisance (odor) conditions when a gasoline storage tank overfilled and 1,600 barrels of gasoline were spilled. Advert health effects were confirmed. A satisfactory compliance plan has been submitted to prevent furth incidents. A Board Order with an agreed adminis trative penalty of $6,000.00 will be presented to ti Board for adoption if the Order is finalized with t' coopany prior to the Board meeting date. The co^tany has Increased its production rate and added manufacturing equipment over the past several years without permit authorization. A inquest for permit amendment has been submitted and is under review. The regional office staff has conducted sampling to evaluate emissions from the source and assist In the development of a control plan. A Rna1 Order with specific control requirements will be developed when agreement is reached on ti> |>ermit amendment. LAM 011545 DPMC-07916 Page 23 Table 2 VIOLATIONS Since September 1, 1986 (That Hill Continue More Than 30 Days) TACB REGION SOURCE NOTIFICATION CITY/COUNTY__________________ TYPE OF FACILITY____________ OATE________ TYPE OF VIOLATION____________________________ COMMENT 10 Chevron U.S.A., Petroleum Refining Incorporated Port Arthur/Jefferson County 09/01/87 Nuisance (Odors) Adverse Health Impact Process upsets at the Chevron refinery caused excess emissions of unconbusted hydrocarbons and hydrogen sulfide which resulted in an air pollution episode. Including nuisance conditions and adverse health Impacts. Corrections were made at the tine of the Incident and an acceptable plan to prevent future occurrences of this nature has been submitted. The Regional Director has recommended a Roard OrJer with an administrative penalty trfiich Is being developed. 10 Chevron U.S.A., Incorporated Beaumont/Jefferson County Petroleum Refining 07/15/87 Permit Conditions Regulation V (VOC***) NSPS The company was cited for failure to conduct the annual Inspections of secondary seals on the storage tanks and other violations of state and federal rule*, regarding secondary seals on petroleum storage tanks. The Regional Director has recomended a Board Order with an administrative penalty which is being developed. 10 Temple Eastev, Incorporated Pine Plywood PIneland/Sabine County 04/20/87 Permit Representations The company eiceeded the plywood production rate specified in permit provisions. The Regional 01 rector has recommended a Board Order with an administrative penalty. The Director of Enforcement is reviewing the matter to determine the appropriate enforcement action. Volatile Organic Compounds LAM 011546 DPMC-07917 Page 2* Table 2 VIOLATIONS Since September 1, 1986 {That Will Continue More Than 30 Days) TACB REGION SOURCE NOTIFICATION CITY/COUNTY__________________ TYPE OF FACILITY____________ DATE________ TYPE OF VIOLATION____________________________ COMMENT ll Baltimore Spice Company Westway/El Paso County Processlng/Packaging Spices 06/03/87 No Permit The company was cited for construction ant) operation of an ethylene oxide sterilization unit without a Roard permit. A permit application has been sub mitted and is under review. A Board Order with an administrative penalty has been proposed to the company. If the initial review indicates a waiver can he granted, this matter will he resolved for this report. 11 Carpenter Motors El Paso/El Paso County Used Car Sales 08/08/87 Regulation IV (Motor Vehicle Tampering) The company was cited for offering for sale, vehicles with inoperative emission control devices. A format enforcement conference was held on September 23, 1987. The Regional Director has recommended a Board Order with an administrative penalty which is being developed. 11 Chaparral Motors, Incorporated El Paso/E) Paso County Used Car Sales 08/22/87 Regulation (V (Motor Vehicle Tampering) The co^>any was cited for offering for sale, vehicles with Inoperative emission control devices. A format enforcement conference was held on October 7, 1987. The Regional Director has recommended a Board Order with an administrative penalty which (s being developed. LAM 011547 DPMC-07918 Page 2b TACB REGION SOURCE CITY/COUNTY II Department of Oefense, U. S. Army Fort Rllss/El Paso County Table 2 VIOLATIONS Since September l, 1985 (That Mill Continue More Than 30 Days) TYPE OF FACILITY 8uffding Renovation NOTIFICATION DATE 07/18/87 TYPE OF VIOLATION NESHAP (Asbestos) LI Elcor Corporation Van Horn/Culberson County Abandoned Sulfur Plant 04/19/87 NESHAP (Asbestos) 11 El Paso Refining Company, Ltd. El Paso/El Paso County Petroleum Refining 06/30/87 Opacity COMMENT The Department of Defense was cited for improper removal of asbestos at the Fort Bliss facility. A formal enforcement conference is being scheduled. The Regional Director has recommended a Board Order with an administrative penalty which is being reviewed by the Legal division and the Director of Enforcement. The company was cited for Improper removal of asbestos during the dismantling of buildings and equipment at a closed sulfur production facility. A formal enforcement conference was held on June 2, 1987. The compliance plan has been reviewed by the Texas Water Commission. A Board Order without an administrative penalty has been proposed to the company. The company was cited on two occasions fur excessiv*vlslble emissions. A formal enforcement oinference was held on August 18, 1987. The Regional Director has recommended a Board Order with an administrative penalty which Is being developed. \_AM 011548 DPMC-07919 Page 26 Table 2 VIOLATIONS Since September 1, 1985 (That Mill Continue More Than 30 Oays) TAC8 REGION SOURCE NOTIFICATION CITY/COUNTY__________________ TYPE OF FACILITY____________ DATE________ TYPE OF VIOLATION___________________ COHHEHT II Horizon Retread Center El Paso/El Paso County Tire Retreading 08/03/87 No Permit The company was cited for construction and operation of a tire retreading facility without a Board permit. A permit application has been submitted and is under review. The Regional Director has recommend*! a Board Order with an administrative penalty which is being developed. 12 Pabco Insulation Tucker/Anderson County Fiberglass Insulation 03/30/87 Permit Conditions NSPS (Honltorlng) The company was cited for excessive stack emissions above permit allowables on particulates, phenol and aldehydes. Corrective measures have been completed. A formal enforcement conference was held on August 25, 1987. The Regional Director is preparing a recomwndatlon for formal enforcement action. 12 Pilgrim's Pride Corporation Chicken Hanure 07/15/87 Kt. Pleasant/Tltus County Fertilizing Operation Nuisance (Odors) The company was cited for two instances of nuisance conditions (odors) from the spreading of chicken manure on a 120 acre tract near the coonunity of Ripley. A formal enforcement conference was held on August 4, 1987. A Board Order with an administrative penalty of $2,000.00 will be presented to the Board for adoption if the Order is finalized with the company prior to the Board meeting date. LAM 011549 DPMC-07920 Page 27 TACB REGION SOURCE CITY/COUNTY 12 Prengler Iron and Metal Athens/Henderson County TYPE Of FACILITY Metal Salvage Table 2 VIOLATIONS Since September 1, 19B5 (That Will Continue More Than 30 Oaysl NOTIFICATION OATE TYPE OF VIOLATION 09/04/87 Outdoor Burning COMMENT The company conducted outdoor burning of wire Insulation, plastic pipe and debris. A formal enforcement conference was held on September 11, 1987, The Regional Director has recommeivlod a Board Order with an administrative penalty which is being developed. LAM 011550 DPMC-07921 Page 1 Table 3 VIOLATIONS Since September 1, 1985 (Approved for Referral to Attorney General's Office) TACB REGION SOURCE NOTIFICATION CITY/COUNTY__________________ TYPE OF FACILITY____________ DATE________ TYPE OF VIOLATION____________________________ COMMENT* 1 Bean Hog Farm Srownwood/Brown County Confined Animal Feed lot tl/?l/85 Nuisance (Odors) Board Order (85-1?) The file on this company was referred to the Attorn! General`s Office on May 21, 1986. The company vio lated a Board Order Issued In October, 1985 which required a reduction In the nunfcer of animals in 11< feedlot and prohibited the creation of any further nuisance conditions. It is projected that this law suit can be resolved within 2 months through agreed action. ? Texland Petroleum Lubbock/Lubbock County Petroleum Storage 09/23/85 No Permit Nuisance (Odors) Opacity The file on this company was referred to the Attorn* General's Office on Deceefter 17, 1985 for violation' which occurred prior to September 1, 1985. Addi tional violations have been periodically referred t> the Attorney General's Office for Inclusion in the lawsuit. On Septeofcer 14, 1987, an agreed final ju< aent was entered assessing a penalty of 165,000.UO, attorney's fees of SI5.000.00 and Investigative cnsi of $10,000.00. 3 Pool Production Services Company tervIn/Freestone County Oil Separation and Injection Wei 1 Facility 03/23/87 Permit Conditions The file on this conpany was referred to the Attorn. General's Office on October 29, 1985 for violations which occurred prior to September l, 198S. Addi tional violations were forwarded on April 14, 1987 for Inclusion In the lawsuit. This lawsuit is not expected to reach agreed settlement. Trial on the merits is scheduled for December 7, 1987. If settlement ctnnoi be reached and additional court action Is necessary, then it may take 2 years to resolve these lawsuits. UAM o11561 DPMC-07922 Page 2 TACB REGION SOURCE CITY/COUNTY 3 Gerald Company, Incorporated Hamilton County 5 Oceanside Asphalt, Incorporated Robstown/Nueces County 6 Bryson Tank Coapany Odessa/Ector County Table 3 VIOLATIONS Since September 1, 1985 (Approved for Referral to Attorney General's Office) TYPE OF FACILITY Grain Handling Portable Asphalt Plant Tank Manufacturing (Spray Painting) NOTIFICATION DATE 04/17/87 TYPE OF VIOLATION Nuisance (Odor) 06/26/86 Permit Conditions Nuisance (Oust) 10/08/85 Nuisance (Paint Overspray) COMMENT* The file on this company was referred to the Attorn.' General's Office on September 3, 1987. The company operates a feed mill which has been the subject of several odor complaints and has failed to initiate corrective actions. It is not projected that this suit can be resolved through an agreed settletnent. The company was cited for failure to water the stockpiles and roads as required in the Hoard permit and for creating a nuisance dust condition. The fil on this company was referred to the Attorney General's Office on May 28. 1987. It is projected that this lawsuit can be resolved within 9 months If an agreed settlement Is reached. The coayiany Is continuing to operate without the needed controls and the nuisance problem remains. The file on this company was referred to the Attornr General's Office on January 31, 1986. The petition was filed on August 13. 1986. Cause was dismissed because of Inability to serve the defendant. The case may be refUed. If settlement cannot be reached and additional court action is necessary, then It may take 2 years to resolve these lawsuits. LAM 011552 DPMC-07923 Page 3 Table 3 VIOLATIONS Since September 1, 1986 {Approved for Referral to Attorney General's Office) TACB REGION SOURCE CITY/COUNTY TYPE OF FACILITY NOTIFICATION DATE TYPE OF VIOLATION COMMENT* 6 C 1 H Enterprises Midland/Hidland County Sandblasting 10/24/86 Nuisance (Dust) No Permit > The company has a history of violations which include nuisance (dust) conditions. The file on this compan was referred to the Attorney General's Office on January 31, 1986. The Attorney General's Office filed suit against the wrong company. The lawsuit was refiled on September 24, 1987. It is projected that the lawsuit can be resolved within 6 months if an agreed settlement is reached. 6 Permian Chemical Company, Incorporated Odessa/Ector County Fertilizer Plant 10/22/8S Permit Representations Permit Conditions Nuisance (Acid Emissions) The file on this company was referred to the Attorne General's Office on October 22, 198S for violations occurring prior to September 1, 1985. AdiUional vi lations were forwarded on January 29, 19H7 for inclu sion in the lawsuit. The lawsuit is not expected to reach agreed Settlement. An agreed temporary injunc tlon was signed by the company and sent to the Court on June 22, 1987. It requires compliance with Sections 3.27(a) and/4.01(a) of the Act and Rules 101.7 and 111.21. Trial on the merits was continued Indefinitely and a modified temporary injunction was entered on October 13, 1987 requiring the company to cease production until further order of th*- court. 7 Keeshan and Bost Chemical Company Nanvel/Brazoria County Waste Chemical Processing 02/26/86 Nuisance (Odors) Court Order A Judgment was entered against this company on July 12, 1985 prohibiting future odor nuismces. Additional violations have since been documented. The file was referred to the Attorney General's Office on May 16, 1986. On October 19, 1987, a Firs* Amended Agreed Final Judyment was nailed to the cnur assessing a contempt fine of 11,260.00. If settlement cannot be reached and additional court action Is necessary, then It My take 2 years to resolve these lawsuits. * LAM 011553 DPMC-07924 Page 4 Table 3 VIOLATIONS Since September 1, 198S (Approved for Referral to Attorney General's Office) TACB REGION SOURCE CITY/COUNTY Cuyahoga Wrecking Corporation Galveston County San Patricio County TYPE OF FACILITY Asbestos Contractor NOTIFICATION OATE TYPE OF VIOLATION 07/30/86 NESHAP (Asbestos) La Porte Chemicals Vinyl Chloride Corporation, Monomer Production Diamond Shamrock Corporation, Diamond Shamrock Plastics Corporation Der Part/Harris County 01/28/86 NESHAP (Vinyl Chloride) Permlt Conditions COMMENT' The file on this company was referred to the Attorney General's Office on Hay 8, 1987. The company con ducted asbestos removal projects at Amoco Production Company (Galveston County) and Sun Exploration (San Patricio County) in violation of the NESHAP-Asbustos standards. The company has filed for bankruptcy. It Is projected that the lawsuit can be resolved within 3 months If an agreed settlement is reached. On June 2, 1986, the file on this company was referred to the Attorney General's Office because of the hazardous substance involved. Additional viola tions have been periodically referred to tn Attorney General's Office for inclusion In the lawsuit. It is projected that this lawsuit can be resolved within 3 months If an agreed settlement is reached. A settle ment with la Porte Chemicals has been reached. Set tlement negotiations with Diamond Shamrock (now Naxus Energy) are continuing. If settlement cannot he reached and additional court action is necessary, then It may take 2 years to resolve these lawsuits. LAM 011554 DPMO- 07925 Page 5 fable 3 VIOLATIONS Since September 1, 1985 (Approved for Referral to Attorney General's Office) SOURCE CITY/COUNTY TYPE OF FACILITY Root Company Trench Burner Shenandoah/Hontgomery County Operation NOTIFICATION DATE 10/09/85 TYPE OF VIOLATION No Permit Outdoor Burning Tenneco Polymrs, Incorporated Pasadena/Harris County Chemical Manufacturing 10/24/85 (Vinyl Chloride) NESHAP (Vinyl Chloride) Permit Conditions Texes City Refining, Incorporated Texas City/Galveston County Refinery 06/26/86 Permit Provisions NSPS (High Sulfur Crude) COMMENT* The company was cited on six occasions for operating without a permit and conducting outdoor burning. Tn file on this company was referred to the Attorney General's Office on January 29, 1986. An agrje-i final Judgment was entered on September 8, 1987 assessing a 520,000.00 penalty with injunctive celif requiring defendants to apply a final cover on the Root Landfill and enjoining defendants from operatin' the landfill and conducting outdoor burning. The penalty will be abated if defendants meet the dead lines for applying a final cover on the Root Landfill. On December 31, 198S, the file on this company was referred to the Attorney General's Office because of the hazardous substance involved. The company sold its vipy! chloride plant in April, 1986. Further settlement negotiations took place on July l, 1987. A tentative settlement was reached on July 1, 1987. An agreed final Judgment is being drafted. The file on this company was referred to the Attorne. General's Office on July 12, 1983. Subsequent vio lations have been periodically forwarded tu the Attorney General's Office for inclusion in the lawsuit. It is projected that this lawsuit can be resolved within 2 months if an agreed settlement is reached. Mr settlement cannot be reached and Additional court action is necessary, then it may take 2 years to resolve these lawsuits. LAM 011555 DPMC-07926 Page 6 Table 3 VIOLATIONS Since September 1, 1985 (Approved for Referral to Attorney General's Office) TACB REGION SOURCE CITY/COUNTY 7 Union Carbide Corporation Texas City/Galveston County TYPE OF FACILITY NOTIFICATION DATE Chemical Manufacturing 02/16/86 TYPE OF VIOLATION NESHAP (Vinyl Chloride and Benzene) 6 Brandywllde Development Corporation Valley View/Cooke County Rock Crushing Plant 09/18/85 Permit Conditions COMMENT* The file on this company was referred to the Attorney General's Office on March 18, 1986. Additional vio lations have been periodically included in the law suit. The parties have agreed to settle this matter. A proposed agreed final Judgment is being drafted. It is projected that a Judgnent can be entered within l month. The company has signed and returned the proposed final Judgment with a check for civil penalties. The Judgment is to he filed. The company has a history of violations beginning in 1983 when It constructed without a Board permit. The file on this company was referred to the Attorney General's Office on February 4, 1986. It is pro jected that this lawsuit can be resolved within 2 months If an agreed settlement Is reached. An agreed Judgment was mailed to the defendant for signature in early February by certified mall but was apparently lost In the mail. Another agreed judgment was mailed to the defendant on flarch 16, 198?. Settlement nego tiations have not achieved an agreement. Interrog atories were sent to the company and answered in June, 1987. The company is no longer operating at the site. If settlewnt cannot be reached and additional court action Is necessary, then It may take 2 years to resolve these lawsuits. LAM 011556 DPMC-07927 Page 7 Table 3 VIOLATIONS Since September 1, 1985 (Approved for Referral to Attorney General's Office) TACB REGION SOURCE NOTIFICATION CITY/COUNTY__________________ TYPE OF fACUITY____________ DATE________ TYPE Of VIOLATION____________________________ COMMENT* 8 Willie Grant Tarrant County Individual 02/21/86 Outdoor Burning Court Order A judgment was entered against this individual on May 31, 198S prohibiting future violations of Regulation I. An additional violation of unautho rized burning has since been documented. The file was referred to the Attorney General's Office on Hay IS, 1986. It is projected that this contempt action cannot be resolved by agreement. 10 Great Lakes Carbon Carbon Plant Corporation Port Arthur/Jefferson County 09/27/65 Opacity Excessive Particulate Emissions Permit Conditions The file on this company was referred to the Attorney General's Office on Septenber 27, 198S for violations occurring prior to September 1, 1985. Subsequent violations were forwarded to the Attorney General for inclusion in the lawsuit. Sampling Is needed before injunctive relief can be drafted. The strike at the plant has recently ended. Resampling was conducted on March 9, 1987. The resampling indicated continu ing violations which were forwarded to the Attorney General on dune 18, 1987. It is projected that this lawsuit can be resolved within 7 months if an agreed settlement is reached. If settlement cannot be reached and additional court action is necessary, then it may take 2 years to resolve these lawsuits. LAM 011557 DPMC-07928 Page 8 Tahle 3 VIOLATIONS Since September 1, 1985 (Approved for Referral to Attorney General`s Office) TACB REGION SOURCE city/county TYPE OF FACILITY 11 Department of Defense, Building Renovation U. S. Army Natyear Construction Coajiany Pioneer Sheet Hetal Works, incorporated Fort fillss/El Paso County NOTIFICATION DATE 09/17/85 TYPE OF VIOLATION NESHAP (Asbestos Removal) 12 Oallas Demolition and Excavating Company Tyler/Smith County Building Demolition 09/16/85 NESHAP (Asbestos Removal} COMMENT* The file on the Army and the two companies was referred to the Attorney General's Office on April 7, 1986 for legal action because of the hazardous sub stance Involved. On July 17, 19G7, an agreed final judgment was entered hy the court resolving the vio lations against Hatyear and Pioneer. Civil penalties of S5.000.00 were assessed and the companies were prohlbitorlly enjoined from violating Rule 101.20(2) In the future. Notice of Intent to sue the Depart ment of Oefense Is being drafted. The lawsuit against the Department of Defense will be filed in Federal court. It 1$ not projected that the suit can be resolved through an agreed settlement. The excavating company was in the process of readying a building for implosion without proper notification and handling of asbestos. This lawsuit is not expected to reach agreed settlement. Interrogatories were sent to the company In June. 1987 and answers to Interrogatories were received on June 20, 1987. *lf settlement cannot be reached and additional court action Is necessary, then It may take 2 years to resolve these lawsuits. LAM 011558 DPMC-07929 Pag* 9 Table 3 VIOLATIONS Since September I, 198b (Approved for Referral to Attorney General's Office) TACB REGION SOURCE NOTIFICATION CITY/COUNTY__________________ TYPE OF FACILITY____________ DATE________ TYPE OF VIOLATION________ ____________________COMMENT* 12 Poly Cycle Industries, Incorporated Tecula/Cherokee County Battery Case Recycling 02/19/86 Permit Conditions Permit Representations Poor maintenance and cleaning practices ai th< com pany's battery case recycling facility have resulted in high lead concentrations in the soil near the grinding process. Additional samples taken confirms, the high lead levels in the soil. The file on this company was referred to the Attorney General's Offic< on October 22, 1986. Settlement negotiations took place in March, 1987. Another settlement meeting *a held on July I, 1987. It is projected that this law suit can be resolved within 3 months if an agreed settlement is reached. A proposed closure plan has been submitted to the agency for review of clean-up plans. 12 Southwest Railroad Railcar Salvage Car Parts Jacksonville/Cherokee County 03/18/66 Outdoor Burning Nuisance (Smoke) The file on this company was referred to the Attorney General's Office on July 12, 1980 for violations occurring prior to September l, 1980 at two different sites. Subsequent violations have been forwarded to the Attorney General for Inclusion in the lewsult. Since the defendant's attorney is a state legislator, settlement may not he possible until the fall of 1987. The Attorney General has requested a settlement meeting with the company in November, 1987. If settlement cannot be reached end additional court action is necessary, then It may take 2 years to resolve these lawsuits. LAM 011559 DPMC-07930 Page 10 Table 3 VIOLATIONS Since September 1, 1985 (Approved for Referral to Attorney General's Office) TACB REGION SOURCE NOTIFICATION C1TV/C0UNTY__________________ TYPE OF FACILITY____________ DATE________ TYPE Of VIOLATION____________________________ COMMENT* 12 Texts Basic Resources Overton/Rusk County Grain Transfer 04/04/86 No Permit Nuisance (Oust) The file on this company was referred to the Attorney General's Office on March 6. 1987 for constructing and operating a grain transfer facility without a Board permit. It is projected that this lawsuit can be resolved within 9 months if an agreed settlement Is reached. The lawsuit was filed on June 17, 1987 and the defendant was served on June 29, 1987. *if settlement cannot be reached and additional court action Is necessary, then It may take 2 years to resolve these lawsuits. LAM 011560 DPMC-07931 Page 1 Table 4 VIOLATIONS On Small Source* With No Permit The following coim>antes constructed and operated small facilities without Board permits or exemption*. The companies Indicated no prior knowledge of the permitting requirements and had no previous permit violations. Applications have been submitted. Board Orders without administrative penalties will be presented to the Board for adoption if the Order Is finalized prior to the Board meeting date. The Board Orders require the companies to obtain permits or exemptions. REGION 1 2 7 7 7 7 7 SOURCE CITY/COUHTY Bethanla Hospital Wichita Falls/Wichita County fcast Marble Amarlllo/Potter County Blacks H111work Houston/Harris County Houston Steel Products, Incorporated Houston/Harris County Hydrotea Dynamics. Incorporated Harris County Intermedlcs. Incorporated Brazorla County Modern Machining and Hydraulics, Incorporated Pasadena/Harris County TYPE OF FACILITY Incinerator Cultured Marble Mlllwort Hotel Interiors Oil Field Equipment Manufacturing Pump ftehulIdlng Medical Equipment Renanufactured Cylinder Valves NOTIFICATION DATE 07/27/87 09/03/86 OS/25/87 06/16/87 06/16/87 06/24/87 05/10/87 LAM 011561 DPMC-07932 Page 2 Table 4 VIOLATIONS On Small Sources With No Permit The following companies constructed and operated snail facilities without Board permits or exemptions. The companies Indicated no prior knowledge of the permitting requirements and had no previous permit violations. Applications have been submitted. Board Orders without administrative penalties will be presented to the Board for adoption If the Order Is finalized prior to the Board meeting date. The Board Orders require the companies to obtain permits or exemptions. REGION ? 8 8 9 9 1? 1? SOURCE CITY/COUNTY Western Packing Company BellrlT le/Austln County Augat Elf mb Lewisville/Denton County BASF Corporation Carrollton/Oallas County De Los Santos Ready Nix Eagle Pass/Naverlck County Ray Ellison Industries San Antonio/Bexar County Hid State Tile Company Ht. Vernon/Frank 11n County * Wells Narble Company Smith County TTPE OF FACILITY Dog Food Manufacturing Printed Circuit Board Manufacturing Urethane Blending Plant Ready Nix Concrete Cultured Marble Tile Manufacturing Cultured Marble NOTIFICATION OATE 07/26/87 06/23/87 07/31/87 04/22/87 06/08/87 07/11/87 08/12/86 LAM 011562 DPMC-07933 ADMINISTRATIVE PENALTIES AND ORDERS OP THE TEXAS AIR CONTROL BOARD PERMIT NO. 87-10 (a) 87-10(bl 87-10(c) 87-10(d) 87-10(e) RESPONDENT Acme Bag Manufacturing, Inc. 9141 Premier Row Dallas, TX Alcon Laboratories, Inc. 6201 S. freeway fort North, TX Alonzo's Concrete Co. 2540 Jana Lane Pasadena, TX Amarillo By-Products 8415 East 1st Avenue Amarillo, TX Amerada Hess Corp. 1802 Poth Lane Corpus Christi, TX DATE ENTERED 11/13/67 PENALTY AMOUNT $1,925 11/13/87 11/13/87 11/13/87 $475 $500 $13,000 11/13/87 $7,000 VIOLATIONS/REMEDIAL ACTION Failure to obtain a permit for the construction and operation of a flexographic printing press and an adhesive laminator. failure to obtain a permit for the construction and operation of four ethylene oxide sterilizers. Failure to obtain a permit for the construction and operation of a concrete batch plant. Violated a permit by stockpiling 2,000,000 pounds of rendering raw material outdoors on the ground; caused emission of odors In violation of the Texas Clean Air Act; failed to obtain a permit to modify its rendering plant by installing a new cooker and press. Violation of National Emission Standards for hazardous air pollutants (asbestos): Failure to timely provide written notification, to utilize required procedures, and to utilize required procedures for the handling of asbestoscontaining waste material. MH001AJ/K5E01 LAM 011563 DPMC-07934 ORDER NO. 87-10{f) 87-10(g) 87-10(h) 87-10(1) 87-10(j) 07-10(1) 67-10(1) RESPONDENT AMF Ben Hogan Co. 2912 Weat Pafford Port Worth, TX Ashland Chemical Co. 8900 Galveaton Road Houaton, TX farmland Industries, Inc. Irion & Schleicher County, TX DATE ENTERED 11/13/87 11/13/87 11/13/87 PENALTY AMOUNT $750 $4,200 $4,250 Ferria Concrete Co. Hellaaa Collin County, TX Formosa Plaatica Corp. Texas Point Comfort Calhoun County, TX Houston Steel Products, Inc. (100 Romona Blvd. Houston, TX Hydrotex Dynamics, Inc. (320 Cunningham Road Houston, TX 11/13/87 11/13/87 11/13/87 11/13/87 $500 $2,700 $0 If substantial additional controls necessary $500 VIOLATIONS/REMEDIAL ACTION Failure to obtain a permit for the construction and operation of a paint burn off oven. Operation of volatile organic compound storage tanka without abatement equipment Failure to obtain a permit for the construction and operation of two natural gas compressor stations and one natural gas plant. Failure to install and use water sprinklers to control emissions in a concrete batch plant. Accidental discharge of 5(5 pounds of vinyl chloride Into the etax>sphere. Failure to obtain a permit for the construction and operation of a sandblasting and painting facility. Failure to obtain a permit for the construction and operation of a sandblasting facility. MH001AJ/15SE01 -2- UAM 011564 DPMC-07935 ORDER NO. 87-10(n) 87-10 <n) 87-10(o) 87-10(p) 87-10(q) 87-10(r) 87-10(8) RESPONDENT Ico, Inc. 401 Saratoga Road Corpus Chrlsti, TX Intermedlcs, Inc. 240 Tarpon Inn Village Freeport, TX Kast Harble 3012 Amarillo Blvd. Potter County, TX KG Gas Processors, Ltd. Runnels County Winters, TX Mid-State Tile Co. Franklin County Mt. Vernon, TX Modern Machining & Hydraulics, Inc. 504 North Richey Pasadena, TX Perryton Equity Exchange Armstrong County, TX DATE ENTERED 11/13/87 PENALTY AMOUNT 83,800 11/13/87 81,ISO 11/13/87 80 11/13/87 8500 11/13/87 11/13/87 11/13/87 80 8500 if substantial additional controls necessary 83,175 VIOLATIONS/REMEDIAL ACTION Failure to obtain a permit for the construction and operation of pipe coating facilities. Failure to obtain a permit for the construction and operation of three ethylene oxide sterilisation chambers. Failure to obtain a permit for the construction and operation of a synthetic marble manufacturing facility. Texas Clean Air Act violations: Processing gas containing ax>re than 6,000 parts per million by volume of hydrogen sulfide (H-S) and failing to provide semi-annual reports on fugitive volatile organic compound leaks/Submittal of an application for an amendment of a permit} monitoring of B.S content of the inlet gas dally Failure to obtain a permit to construct and operate a tile smnufacturing plant. Failure to obtain a permit to construct and operate a chrome plating unit. Failure to obtain a permit for the construction and operation of a grain elevator. MH001AJ/15SE01 LAM 011565 DPMC-07936 ORDER NO. 87-10(0 RESPONDENT Phillips 66 Co. Hutchinson County Borgerr TX 87-10(u) Pilgrim's Pride Corp. Titus County Mount Pleasant, TX 87-10(v) 67-10(w) Presbyterian Hospital West Highway 243 Kaufman, TX Shell Oil Co./ Shell Chemical Co. Harris County Deer Park, TX 87-10 (x) " Shintech, Inc. 5616 State Highway 332 Freeport, TX MH001AJ/155E01 DATE ENTERED 11/13/87 PENALTY AMOUNT $175,000 11/13/87 $2,000 . 11/13/87 11/13/87 $2,700 $6,000 11/13/87 $2,000 VIOLATIONS/REMEDIAL ACTION Violation of National Emission Standards for a hazardous air pollutant (asbestos): Failed to utilize required procedures for the demolition and removal of friable asbestos suterials, and to utilize required procedures for the handling and transportation of asbestos containing waste material. Violation of the Texas Clean Air Act: Caused, suffered, allowed or permitted the emission of an air contaminant (odor from manure)/Disposing only broiler house manure at the site: disking all manure into the soil on the same day it is spread. Failure to obtain a permit for the operation of a pathological incinerator. Violation of Mational Emission Standards for a hazardous pollutant (vinyl chloride): Discharged exhaust gases containing concentrations of vinyl chloride in excess of 10 parts per million into the atmosphere from equipment used in ethylene dichloride purification and vinyl chloride formation Allowed a non-emergency discharge of vinyl chloride monomer (VCM) from a relief valve on equipment in vinyl chloride service at its polyvinyl chloride manufacturing plant. LAM 011566 DPMC-07937 ORDER NO. 87-JO(y) 87-10 (z) 87-10 (aa) 67-10(bb) 87-10|cc) RESPONDENT Troy Pipe Supply, Inc. 5080 1-45 North Willie, TX USG Industries, Inc. Comal County New Braunfels, TX Wells Marble Co. Smith County Tlint, TX Western Packing Co. 470 Melius Road Austin County, TX Henry Whited 6015 Jacqueline Lane Kennedy Estates Subdivision Manor, TX DATE ENTERED 11/13/07 PENALTY AMOUNT $4,000 11/13/87 $1,000 11/13/87 11/13/87 11/13/87 $0 $0 $250 in 6 installments VIOLATIONS/REMEDIAL ACTION Failure to obtain a permit for the operation and construction of a pipe recycling facility/cessation of cleaning pipe by applying heat. Unloaded fines from an electrostatic precipitator into a storage hopper by a free-fall method instead of using the approved method (use of a collapsible loading spout vented to a baghouse). Failure to obtain a permit for the construction and operation of a synthetic marble plant. Failure to obtain a permit for the construction and operation of a dog food production facility. Caused, suffered, allowed, or permitted outdoor burning of wire insulation. MH001AJ/15SE01 LAM 011567 DPMC-07938 ORDER HO. 87-10(dd) RESPONDENT Rollins Environmental Services (TX), Inc. Battleground Road Deer Park, TX DATE ENTERED 11/13/87 PENALTY AMOUNT 813,000 VIOLATIONS/REMEDIAL ACTION Failed to notify the Execu* of a major upset condition or may have caused excessi' failed to comply with Stan< Performance for New Statioi Sources (NSPSl for Volatili Liquid Storage Vessels; fa with NESHAPS; and failed tnegative draft sufficient ' fugitive emissions from th< afterburners of the liquid incinerator/maintenance of time and duration of each j that occurs; notification < whenever fugitive emission: and maintenance of a contii monitoring, recording, and MH001AJ/155E01 lam oii5q8 DPMC-07939 r^armaita? WW service liii/n *t r..k, Ball tl> M ACT ralatlnf ta th M1U rlB aaaaaraant ( cartaln taaic tubUnc*i MB ha ratal MMU h| Um Tiii Oapartaaat at Maalth. M IT BfMCTVS IT TM USIIUTWI Of IK STATX Of TtXAli MCTIOM 1. TUla Tl. ImImB ftatataa. la anawdad by adding Arttcla ?!-? t* rtB aa (allawai ftn . PWlrtt tw WlWHff Of TOBIC IUHT1ICU W ABKW, WYTICAL ftOPfff fey .1 wrimim- in wnif 0 lli ~Ms*cr" t*|r IH-Jmi ^mrwnt tf agents. f 1 lK m UL c*--Ittaa HI ill. taratanaolc. ar lncladlna athar alactr--aonati c radiation, and aeawitlcal tharaal ar --chanical vibration 1*L *Hoalth flak aiMii to__cliarac tarita tba potential advaraa health atfacta that aapeaura dtrioo ac Pai tea that baa or aay hava Baalc. carelnaaanl^ bMtraa taratoaanlc, r athar barbtal ifJxtl af. bMMMIU bfadact that cwtlw fU yabatarK#_that By ar air mm a MtiUatlal baiard fa baag. hlUL. *ac. 1 WPIWATIMO CTWIITm _ if* taalc Iub>tWaa iiasisc*. tha farfca and WltdIKa Paoarfaat. tha PwttaMl *( fubllc Balatj^ BKa fallraad Co--taalon al Taaaa. and tha Taaaa air Contra! board Ibl Tha cblaf a^lflatratlra nttlcar af aaah aoanci jhaj I --<* tba rf }hi Ta-tTtr? I<1 tba c--Ittaa aba11 adapt rvlaa far tha ttadact TWitM*. la I T>>a Baeaftaanl aha11 pravlda adninlatratlaa at tf* -HI--1 *f ~ T T 111 Wot latar thaw tha 15th day.tha data_on^hicl_> t ttaa holda a_aaatiM. tha co--Ittaa |jlil a al tha aaaiiae data Jla cohitlae ahat L LAM 011569 DPMC-07940 th wtm wi>cir. at til 01 >! to* twltui. S Mo 5 J 7 < aach awmt -I a --Hft5 --t b* iili> twin.* jmil c--roiirn m itoiw. --qh m9^9T oacacli* aacb aaaact1* aflarta ta t*l* wfciUwcta iX MfKtl a--tin, tl llw ttPltta oMIl Owl* a tw that orovlOaa fat. LU___Ihffgynwa-ta1 cwotnUn twetnUiw Uw r--ilatu* 10 i _taa16 w*ttK *d hmrmtul haatcal wwn nlitlw f thf 11 prrrwuw ai* wtnl *t ahvaraa ha*1th allacta < t. t|c 11 w*tttcn a4 hiroful htoalcaL w*ntu II UL-lwltt___ritis atnfiffii--tf twtwnt ntf--tm *& 1 Wi! M hlflwl ttilMl MWUa 15 I1L irtwitlw Md wrtrtl at Xwh twltfc Oieti 10 HWltlM ltM_MWMM 50 -Ulc >t|||n| ~T IT ----t* tMfl tfc cwrtiMtm mt matt wmmii la <l HUtUllMim - ffatfh aTata. M_ wUt aah 15 MM rtl.tlM M *. >< Mmlyj 30 MWULWI 11 <> none I*ciw cmirelM tH u l i*J* * 11 ** hamtal WBltH Q ffrf th* --Hal Hilt* 31 It -- 3 * W*Tlg Of BCFhTPtt tal____Tha >i 1 WHWlttU tw WttKttM til* 1W4UH ( tlx foci! ! t laaat f. arala4 by hrticla 45150. 3aaaa Jtatytta In It* uptdU ta Pri tach #a*ocy ahll tbl Th* s a to bi> i conduct*d undat *nd avoid OiBllettHw l<rtl Uatti m> itbin it Iwfaraatlaw *!>**--*t>t < taalc wtoitMK.i and MofMl Wmtc.Uitnt. lei >1 laplaaawtliw UiU rtlU. tha --r wtit lot* urtwwti w cwtrttti with *tW- * o--frapaiita 1 5*tltloa. PlaahUvt rwlwn. and ati*r MDllC T PMait* **ltt<* <01 Thlaartlcl* < wot a^aad ar at tact la m m*y tlx raaylatara Ktlltli >r incWitii Mtlwrli< Kkr ttlwr law il far putgata* at tbl* aacti*ft.__th* Owrtwt *i**n wrtiwtt iMlth 111! nwnwti* WIB Uiit aach Mmtt *H*I1 *1-- MW wbmU alth Uw totrwwt twctniiw Mlih m aaaaaaaaat KUtIUM -- tha uuuuw ml U. health Hah IIMMBMt --Itat -tt* **W< li MM lft *h --_--> lltwUOB. Iw ahlch MM ilw _NWtl IMU odal**_aad canault atti. th. M* lrtM t* ww *f * *9on M wmbit II tbareattat. ThU --i mi ha to regain Own-- nt 33 eri*l tf ta mn'i outlaw *r NMth n* --*< 31 MCTIOM 3- Ul This Act tab** ItptaAtr 1. 15*7 3 (M The |Im ragairae ta ba aiar*4 by tha Taalc 0ubatai>ctt 35 Ceardlaatlaf CMalttn br l*aattloa <hj. taction 1. kuiclt H 5477-7#. Mvlead Itatataa. at addail by Oita Act. ah#II b# prani*4 LAM 011570 DPMC-07941  Ho SIT I to Um and to the chief ednihlstrettva officer of tich 2 fancy foil oof by Sactlee l of that ortlcl not litu tbon Hoy 3 I. |1M Cock of the** openciea shall rtrlM the plan and neha 4 roconoondatlena on tho loptenantat ion ol tk* flan to tha yavarasr, lieutenant fooarnor. and iha opaabar of Ih houae of rapraaootativaa not lator than Octotoor I. IMI 7 SECTION 3 Tho provisions ol thia Act aspire Soptonbor I. mi * err I ON 4 IfM 1apartenca of thl a lopialotlan and tho 10 crewdad condition of tho calondora In both howaae croato an 11 nomoney aad an loperatlve pt*llc nocoaalty that tho II conatltutlonol nil rofulrkny PI 11 a to ho rood m throo several 13 daya lo ooch bouaa ha awoponded. ond thlo mto I horohy owapowdad. ft Ho 3)1 President of tho Senate Speaker of tho Houaa I horoby certify that 1.4 NO. S3? paoaod tho Sonata on April 33. 1417, by a vlva-voca ootot and that tho Sonata concurred lo Houaa anowihaont on Hoy 12, IM7, by o viva-voce vela Secretary of theSanata I hereby certify that S.l. Ns. S3? paaood tba House with nambaat. on Hoy 4, 1147, hy a non-record vote Approved, "Bata" Chlof Clark of tho Ifc^ae LAM 011571 DPMC-07942 t r'.m.Aip r ni'iiiiM Mi AMU ris< Ai. rou Mir I. IN/ 10: tool* Mtrl CM I' C--Ittaa aa lalrwHI Ml Hr* mm f hmuMiUw felllli, lMt la to: Sawta llll to I)/. ai aaaratwS ft Tartar fMM: Jto OIImt, ttraclar In rMMM U |Mr rapMIt Itr fluil M< tMl till to. SI/. MfMM Irtliltaf (a Ito OaallO rll iiMMM of cartala Male Nkilwcil P mill plrtlcil ifMli Of Um laaat IpirMiil of toallO) Uti aflks Oat 4atrralat4 Ito fallaata|: Ito llll mH aaka as pa^to i UIIm tot cmM praaMt (to total totli far i --raarlattaa af faato U toa'aaaat (to p-toMm af Ito 0111. Ito Otll mM nlMlltk Ito ImIc Mfttocn Caartlaattof CtolLIn u to ttoflto af toaaa in feta pactftoO ifwtto. Ito MIIh nM Stratoa fIm attcO pravltot far lMir|iiiinlil caaaarattoa caacaralaa Ito nfil<(to / tok wOtttocts to Oarafal ptokil aftati. Ito Out raptlrai (to CtolltN la aatolt (to lsa U (to Otoiraar ato sweat tot Olractart af aacft afiK) Or Mr I, IW. Ito 0111 wM rapln Ito (patoM a# toatth (a caarttaato OaaltO rlto assataatoi taatoclto aatoe Ito tot. Ito p'toto to cat! *f Iptototo (to praalitoaa af tto 0111 torlaf net af (to flrti flat ftart faI too Iaf rtiuft it atltoalto faltowii af SUU bptoraai fraan IN/ tIM.to/ Mi.ro Ml./*? ui.ro Mi.ro Ml caali aaaU caaltoM at toa| t( tto paalttoat af tto 0111 pllcatfaa ta aaltt af I iinit is aatklpalto. m.Oaurca: Oaaartaaai af toaltk; (M Staff: JO. *CJ. JM. MC LAM 011572 DPMC-07943