Marked Agenda
Commissioners' Work Session (Open meeting)
Thursday, September 12, 2000
9:30 a.m.
Room 201S, Building E
12100 Park 35 Circle

1. Discussion on the Sunset Advisory Commission hearing to be held September 20 concerning the Texas Natural Resource Conservation Commission and related issues. Terri Seales, Executive Cluster, presented this issue. The Commissioners were provided an outline of the Sunset Advisory Commission (SAC) hearing agenda; accepted and appropriate methods for responding to SAC questions, such as by letter, individual visits or direct response; reiterating agency positions on recommended changes to SAC issues which were not adopted and note issues where there has been improvement or where TNRCC provided recommendations which were adopted by SAC. Terri briefly discussed several new issues being recommended by the SAC. These new issues deal with subjects such as:

   • the Rio Grande River tracking of outside documents
   • labeling of documents
   • overall environmental impacts in permitting decisions
   • developing indices and cross-references to orders, statements of policy, interpretations, and final orders

   In addition, Terri presented a review of thirteen issues where SAC recommended changes to decision materials. Chairman Huston directed staff to prepare an appropriate letter clarifying the TNRCC position on these new issues and changes before the September 20 hearing.

2. Consideration of Publication to solicit Public Comment on the Draft TMDLs for the North Bosque River, Lake Austin, and the Dallas Legacy Pollutants. This issue was presented by Chuck Mueller, SIP and Mel Vargas, TMDL Sections. This issue was approved as presented.

3. Update and discussion of issues regarding agency's response to the drought. This issue was presented by Charles Maddox, Public Drinking Water Section, and Todd Chenoweth, Water Permits. There was no action taken on this item.

4. Update and discussion of issues regarding WaterSmart Campaign. This issue was not discussed and was rescheduled for the October 6 Work Session.

5. Consideration of activities and comments associated with State Implementation Plans and update on the 8-hour ozone designation. This issue was not discussed.

6. Consideration of legislative implementation affecting the TNRCC and other issues related to actions taken by the 76th Texas 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. No action taken on this issue.

7. Planning for the next Commissioners' Work Session. Items scheduled for the October 6 Commissioners' Work Session, in addition to the standing issues, are additional TMDL proposals, WaterSmart update, and an overview of the Houston SIP comments. An additional work session is scheduled for October 20 with Marine Dockside Emissions and discussion of additional upcoming legislative issues not part of the Sunset Commission process.

8. Docket No. 1998-1290-RUL. Consideration for publication of, and hearing upon, proposed new 30 TAC Section 7.119, concerning Memorandum of Understanding Between the Texas Department of Transportation and the Texas Natural Resource Conservation Commission; the proposed repeal of 30 TAC Chapter 114, Subchapter G, Section 114.250, concerning Memorandum of Understanding with the Texas Department of Transportation; and proposed repeal of 30 TAC Chapter 305, Subchapter N, Section 305.521, concerning Adoption of Memoranda of Understanding by Reference. The proposed new section and the proposed repeal of 30 TAC Chapter 114, Subchapter G, Section 114.250 will be revisions to the state implantation plan (SIP). If adopted, the proposed new section and repeals would consolidate memoranda of understanding which are adopted by reference in Chapters 114 and 305 into a new Section 7.119. Additionally, Texas Transportation Code, Section 201.607, requires that memoranda of understanding exist between the Texas Department of Transportation and natural resource agencies to coordinate review of the environmental effect of a highway project. (David Parmer/Forest Brooks) (Rule Log No. 1998-043-007-AD) The Commissioners' approved the Memorandum of Understanding publication and hearing as requested by staff.