Marked Agenda
Commissioners' Work Session
February 12, 1997
1:00 p.m.
Room 201S, Building E, Park 35, Austin
Old Business
Continued as old business from the February 6th Commissioners' Work Session
- Consideration of the Commission's response to an interim implementation policy on new or revised ozone and particulate matter national ambient air quality standards. Rescheduled for the February 24th work session.
- Consideration of the Commission's response to proposed national ambient air quality standards for ozone. Rescheduled for the February 24th work session.
- Consideration of the Commission's response to proposed federal requirements for designation of reference and equivalent methods for PM2.5 and ambient air quality surveillance for particulate matter. Rescheduled for the February 24th work session.
- Consideration of the Commission's response to proposed national ambient air quality standards for particulate matter. Rescheduled for the February 24th work session.
New Business
- Consideration of the Commissioners' priorities on rule and policy development. This item was discussed in conjunction with new business agenda item #4.
- Consideration of issues related to the Commission's enforcement policy, including penalties, the use of deferrals, the small entity/minor source no penalty policy, the 30% deferral for expedited enforcement orders, the timing of enforcement actions, and related issues. Joe Vogel (Compliance and Enforcement), Ann McGinley (Enforcement), and John Riley (Litigation Support) presented this item.
- The Commissioners agreed to various minor, editorial changes to the proposed policies.
- Commissioner Baker moved to approve the small entity/minor source no penalty policy for implementation. The motion was seconded by Chairman McBee and approved unanimously. The Commission will review this policy after one year.
- The Commissioners directed staff to amend the proposed enforcement penalty policy to develop a new level in the policy which restricts the good faith deferral so that a "wash out" is the best case scenario for violators who are culpable. Staff will brief the Executive Director on such cases prior to agenda meetings. Staff was directed to implement this "interim final policy" beginning April 1, 1997 for any cases in process at that time. Staff may also, prior to April 1, 1997, seek further guidance from the Commission on the culpability factor of the policy. The Commission may review this policy after one year.
- Effective immediately, the 30% deferral is to be reduced to 20%. The Commissioners emphasized that the deferral is a one time offer with a set expiration date and is not to be offered for repeat (same) violations. Once an offer is made, violators have 60 days (from the date of the agency's letter) to accept the offer, sign the order, and send a check. Their acceptance must be postmarked by the 60th day. All new settlement offers with deferrals should have the new 20% rate.
- Staff was directed to consider those cases where a single company has multiple violations (even at different sites) to be more serious than a situation where several companies owned by a common parent are committing the same violations individually.
- Regarding the 1660 policy adopted in August 1996 (effective date September 1, 1996), the Commission may review this policy after one year.
- Commission will consider in open meeting legislative matters related to its jurisdiction, including proposed legislation and related position papers, briefing materials, and status reports. The Commission may also meet in closed meeting to receive legal advice regarding these matters as authorized by Section 551.071 of the Open Meetings Act, Chapter 551 of the Government Code. Any Commission action, decision, or vote on these matters will be made in open meeting in accordance with Section 551.102 of the Open Meetings Act, Chapter 551 of the Government Code. The Commissioners chose not to discuss this agenda item.
- Planning for the next Commissioners' Work Session. The next Commissioners' Work Session will be held on Monday, February 24th, at 8:30 a.m. in E-201S. The following issues are scheduled for consideration: standard exemption protectiveness reviews; the standard exemption protectiveness review for concrete batch plants, registration and distance requirements for standard exemptions; cumulative effects of standard exemptions; the Commission's response to an interim implementation policy on new or revised ozone and particulate matter national ambient air quality standards; the Commission's response to proposed national ambient air quality standards for ozone; the Commission's response to proposed federal requirements for designation of reference and equivalent methods for PM2.5 and ambient air quality surveillance for particulate matter; the Commission's response to proposed national ambient air quality standards for particulate matter; and miscellaneous legislative matters related to its jurisdiction.