Marked Agenda
Commissioners' Work Session (Closed Meeting)
Friday, October 15, 1999
8:30 a.m.
Room 201S, Building E, Park 35, Austin

This meeting is a closed session.

  1. Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code. No action taken on this item.

  2. Docket No. 1999-0024-EXE. The commission will conduct a closed meeting to receive legal advice and will discuss pending or contemplated litigation, settlement offers, and/or the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of specific commission employees, as permitted by Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code. No action taken on this item.

  3. Docket No. 1999-0025-EXE. The commission will conduct a closed session to discuss their duties, roles, and responsibilities as commissioners of the TNRCC pursuant to section 551.074 of the open meetings act, codified as chapter 551 of the government code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code. No action taken on this item.



Marked Agenda
Commissioners' Work Session
Friday, October 15, 1999
9:30 a.m.
Room 201S, Building E, Park 35, Austin

This meeting is a work session for discussion between commissioners and staff. Public testimony or comment will be accepted on item number 6.

  1. Consideration of issues related to the conduct of the Texas Year 2000 Air Quality Study (TexAQS 2000) and TNRCC's participation. This issue was presented by Randy Wood, Deputy Director, OEPAA, Jim Thomas, Division Director, Technical Analysis Division and Dr. David Allen, University of Texas at Austin. Staff asked the Commissioners for personnel and financial resources to support TNRCC's participation in the TexAQS 2000. In his presentation, Dr. Allen reviewed the objectives of the study, saying this study is the first time that major national resources such as Brookhaven National Laboratories, the National Oceanographic and Atmospheric Administration and numerous Texas universities have offered to help Texas answer technical questions about our most difficult air pollution problems. The in-house cost for TNRCC to participate would be $1.0 - 1.3 million of the total $10 - 15 million effort. Staff will have access to scientific expertise and equipment it does not currently possess. The study can go a long way in helping the state to ensure that the right pollution reduction strategies are being put into place, which remains a major concern of the business community and the public. The actual study is planned to be conducted mid to late summer 2000. The Commissioners approved staff's request for personnel and financial commitment.


  2. Consideration of issues related to the status of Wastewater Authorizations to Construct and an Evaluation of Assessing a Fee. Robert Robinson, Wastewater Permitting Section and Kathy Brown, Office of Legal Service, presented this item. Staff gave an update on the status of wastewater authorizations to construct (ATC), noting a continuing decrease in the numbers of ATCs from 8 in January to 1 in September. It is believed the decline results from the implementation of tasks from the April 23 Work Session as well as the efforts to process the NPDES backlog. Regarding the authorization to charge a processing fee for ATCs, staff stated that the Texas Water Code, Section 5.325, allows the TNRCC to charge such a fee. The Commissioners directed that $250 fee be charged to applicants requesting an ATC.


  3. Consideration of agency policy relating to certification of Clean Water Act, Section 404 permits issued by the U.S. Army Corps of Engineers. Margaret Hoffman, Office of Legal Service/ Environmental Law Division and Tom Weber, Water Quality Planning and Assessment Section presented this issue. Staff presented the Executive Director's proposal for handling 401 Certification Permits in view of rider number 27 of House Bill 1, 76th Legislature, which provides that TNRCC will perform 410 Certifications only when required to maintain delegation of a federal program or when required by federal law. Staff discussed 2 requirements that do implicate 401 certifications:
  4. a. Implementation of water quality standards, particularly the anti-degradation policy in our water quality standards with regard to US and state waters which include wetlands that are impacted by 404 permitted projects, and

    b. Coastal Management Plans under the Coastal Zone Management Act.

    Staff described an interim policy that is intended to avoid duplication of efforts with the Corps of Engineers and which would be in effect until such time as a long term agreement or understanding can be reached with the Corps. Briefly, for a project where there is fill of less than 5 acres of water or a project that would affect less than 1500 lineal feet of a water course, the applicant would receive a "no action" letter indicating the agency would not be undertaking any further review. A certification review would be conducted for projects which are greater that 5 acres or 1500 feet of a water course. The Commissioners directed staff to implement the interim policy and procedures for 401 certification as outlined in the presentation.

  5. Consideration of the Commission's regional gasoline regulations including enforcement, MTBE and other related issues. Randy Wood, Deputy Director, OEPAA, Chuck Mueller, OEPAA, and Bill Jordan, OEPAA, presented this item. Staff discussed issues recently raised by EPA, Region 6: EPA not taking any action on the state's low sulfur gasoline waiver, in view of pending federal action on national sulfur standards; the likelihood that EPA would approve the state's lower RVP waiver request with the condition that the state follow-up with a further analysis in more detail of options beyond an RVP control on gasoline; and that the state address certain enforcement issues. Staff asked, with regard to the enforcement issue, do the Commissioners want to reopen the clean gasoline rules. Staff discussed the Executive Director's recommendation to the Commission to pursue language that would prevent any increase in MBTE use. The Commissioners' directed staff to return to the Commissioners with proposed rulemaking, or adoption for publication, which would answer the enforcement questions raised by EPA and a restriction on any increase MBTE as means to reach the lower RVP requirement.


  6. Consideration of issues related to the Sunset Advisory Commission's review of the TNRCC. Terri Seales, Executive Cluster presented an update on this issue. No action taken.


  7. Docket No. 1999-0930-SIP. Consideration for adoption of revisions to the State Implementation Plan (SIP) concerning technical corrections to the 9% Rate-of-Progress (ROP) for the Dallas/Fort Worth (DFW) ozone nonattainment area. This SIP revision would quantify additional volatile organic compound (VOC) reductions not previously credited in order to meet the U.S. Environmental Protection Agency's (EPA) 9% ROP requirement and establish a transportation conformity budget. (Brian Foster) (Rule Log No. 99045-SIP-AI). The Commissioners approved staff's recommendation for adoption of the SIP.


  8. Consideration of activities associated with State Implementation Plans and update on court decision concerning the 8-hour ozone designation. Chuck Mueller, OEPAA, Bill Jordan, OEPAA, presented this item. No action taken.


  9. Consideration of legislative implementation affecting the TNRCC, other issues related to actions taken by the 76th Texas Legislature, and interim charges proposed for the 77th Legislature. The commission may also meet in closed meeting to receive legal advice regarding these matters, or any of the above 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. Randy Wood, Deputy Director, OEPAA and Steve Minick, IGR, presented these issues. No action taken.


  10. Planning for the next Commissioners' Work Session. Commissioners' Work Sessions previously scheduled for October 29 and November 11 have been canceled. The next work session will be on November 19. Issues tentatively identified for discussion at that work session concern the Safe Drinking Water Act implementation, reopening MSW landfills, and enforcement reports.