WHITE
MARQUEZ
SOWARD
NEW BUSINESS AGENDA
Friday, November 7, 2003
Texas Commission on Environmental Quality
8:30 a.m.
Room 201S, Building E
12100 Park 35 Circle
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.
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. The Commission may also meet in open session to take action on a legal or personnel matter considered in the closed meeting as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No action taken.
3. Docket No. 1999-0025-EXE. The commission will conduct a closed session to discuss their duties, roles, and responsibilities as commissioners of the TCEQ 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.
MARKED WORK SESSION AGENDA
Friday, November 7, 2003
9:30 a.m.
Room 201S, Building E
12100 Park 35 Circle
1. Discussion of the Monthly Enforcement Reports for September 2003. This issue was not discussed..
2. Discussion of the development of the 30 TAC Chapter 321, Subchapter B, Concentrated Animal Feeding Operations rules, the development of Concentrated Animal Feeding Operations general permit(s), and related matters. Darrell Williams, WQD, L’Oreal Stepney, WQD, and Guy Henry, GLD, presented this issue. The following individuals provided comment:
Mayor Linda Ethridge representing the City of Waco,
Senator Kip Averitt
Leonard Dougal, attorney, representing Texas Cattle Feeders, et al,
Ross Wilson, Texas Cattle Feeders Association,
Allan Jones, Director, Texas Water Resources Institute
Chairman White urged staff to take our current rules, add the new federal requirements and move with rulemaking, stating general permits must flow from the rules, and that permitting in the Bosque River watershed must be kept separate from other areas of the state. Commissioner Soward agreed, commenting that there must be a meaningful way for the public to be notified and participate in the review of general permits for new facilities which allows stakeholders a reasonable opportunity to solve their own problems.
Action: No action taken.
3. Consideration of activities associated with State Implementation Plans and issues related to recommendations regarding the 8-hour ozone designations and boundaries. Randy Wood and Herb Williams, OEPAA, presented this item. Herb provided an update of activities outlined in the backup materials. According to 2003 monitoring data, ozone levels in three counties: Gregg, Travis, and Ellis are currently below the 8-hour ozone standard. According to collected data, three counties no longer violate the 8-hour ozone standard: Gregg, Travis, and Ellis. There are two opportunities for review and revision of the Governor’s recommendations to EPA of counties not meeting the 8-hour standard. The first is with regard to any changes in the 2003 data, which is why staff is requesting consideration and the second is when EPA finalizes it 8-hour implementation rule which would offer states and governors opportunity to review their previous recommendations and suggest changes if appropriate on the basis of those final rules. The Commissioners directed staff to prepare a letter for the Governor to forward to EPA, recommending a revision to the designation of areas in the State of Texas with regard to the 8-hour ozone national ambient air quality standards with Gregg and Travis counties as being in attainment. In addition, the letter should note the favorable monitoring data supporting progress made by Ellis county towards attainment designation, but that no changes to the Ellis county designation are recommended at this time.
Action: Motion directing staff prepare a letter described during the discussion. M,W. All Agree.
4. Consideration of state and federal legislative issues potentially affecting the TCEQ. The commission may consider legislative proposals and federal rulemakings, as well as other state actions and states’ participation in federal legislative and regulatory activities. 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. Margaret Hoffman, Executive Director, described internal personnel realignments between the Director’s office and Intergovernmental Relations which would facilitate better and more vigorous participation in federal issues and processes. Steve Minick, IGR, presented the Commission with a list of house interim study charges issued by Speaker Craddick.
No action taken.
5. The Commission will receive comments from the public on any matters within the jurisdiction of the TCEQ, with the exception of pending permitting matters or other contested cases which are subject to the ex parte prohibition found in Texas Government Code §2001.061. In the interest of time, speakers will be limited to three minutes each, with the total time for public comment limited to one hour. Ramon Alvarez, Ph.D. representing Environmental Defense Fund, provided the Commission with his concerns regarding the possible delay of the Houston SIP mid-course review and the ability to attain the 1 hour standard in Houston by 2007. Rick Lowerre, attorney appearing for the Kleberg County Commissioners’ Court, voiced concern about time constraints associated with the permitting process and the clean-up process.
No action taken.
6. Planning for the next Commissioners’ Work Session. The next work session is tentatively scheduled for December 5. In addition to the standing issues, transportation control measures substitutions for the DFW nonattainment area, SBLGA report on enforcement actions for FY03, and compliance advisory panel report.