Marked Agenda
Commissioners' Work Session
January 23, 1997
1:30 p.m.
Room 201S, Building E, Park 35, Austin

  1. Consideration of the Commissioners' priorities on rule and policy development. The Commissioners discussed this item in conjunction with new business agenda item #6.

  2. Consideration of issues related to effects screening levels. Dan Wittliff (Chief Engineer) and JoAnn Wiersema (Toxicology and Risk Assessment) briefed the Commissioners on the use of Effects Screening Levels (ESLs) to evaluate the potential of air concentrations to cause adverse health effects. Marked Agenda of the briefing include a description of the comprehensive nature of the ESL review, and an emphasis of the protectiveness and concurrent flexibility of the process. The Executive Director has asked staff to re-examine the assumptions used in modeling scenarios for projects in which unexpected/unusual results are obtained.

  3. Consideration of issues related to total maximum daily load. Randy Wilburn (Water Planning and Assessment) and Mel Vargas (Watershed Assessments and Planning) presented this item. The Commissioners directed staff to present the proposed approach at stakeholder meetings, solicit feedback, and then return to the May 15th work session for further discussion.

  4. The Commission will conduct a closed meeting to receive legal advice and will discuss pending or contemplated litigation, as authorized by Section 551.071 of the Open Meetings Act, codified as Chapter 551 of the Government Code. No final action, decision or vote with regard to any legal 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. This item was discussed in closed session. No action was taken.

  5. The 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 were briefed on House committee assignments, the status of staff reports, and other miscellaneous legislative matters. No action was taken.

    Planning for the next Commissioners' Work Session. The next Commissioners' Work Session will be held on Thursday, February 6th (1:30), where the Commissioners will discuss proposed revisions to the federal ozone and particulate matter standards. A work session has been added for Wednesday, February 12th (2:00), where the Commissioners will discuss the agency's enforcement penalty policy, small entity/minor source no penalty policy, the 30% penalty deferral, the timing of enforcement actions, and related enforcement policy issues. The discussions of standard exemption protectiveness reviews and the agency's reporting reduction initiative have been rescheduled for Thursday, February 20th (1:30).

Continued as old business from the January 22nd Agenda Meeting

Docket No. 97-0024-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. This item was discussed in closed session. No action was taken.

Docket No. 97-0025-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. No final action, decision, or vote with regard to any matter considered in closed session shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code. This item was discussed in closed session. No action was taken.

Docket No. 97-0033-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Director of the Office of Public Assistance 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. This item was discussed in closed session. No action was taken.

TNRCC Docket No. 96-1206-RAW; SOAH Docket No. 582-96-1042. Consideration of questions certified to the Commission by the State Office of Administrative Hearings concerning the application of the Texas Low-Level Radioactive Waste Disposal Authority for License No. RW-3100 (Hudspeth County). Geoff Connor (General Counsel) presented a draft order for the Commissioners' consideration. Chairman McBee moved to approve the order. The motion was seconded by Commissioners Baker and Marquez, and approved unanimously.