Marked Agenda
Commissioners' Work Session (Closed Meeting)
Thursday, September 2, 1999
8:30 a.m.
Room 201S, Building E, Park 35, Austin

NEW BUSINESS

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
Thursday, September 2, 1999
9:30 a.m.
Room 201S, Building E, Park 35, Austin

NEW BUSINESS

This meeting is a work session for discussion between commissioners and staff. Public comment was accepted on item 3 and 4.

  1. Discussion of agency report on enforcement actions for various media including agriculture, air, industrial and hazardous waste, municipal solid waste, occupational certification, petroleum storage tanks, public water supply, water quality, and multi-media. Anne Dobbs OCE/Enforcement presented this item. No action taken.

  2. Consideration of activities associated with State Implementation Plans and update on court decision concerning the 8-hour ozone designation. This item was not discussed.

  3. Docket No. 1999-0115-RUL. Consideration for adoption of a new chapter, subchapters, and amendments to current chapters of 30 TAC as follows:

    New Chapter 350 -Texas Risk Reduction Program

    • Subchapter A -General Information
    • Subchapter B -Remedy Standards
    • Subchapter C -Affected Property Assessment
    • Subchapter D -Development of Protective Concentration Levels
    • Subchapter E -Reports
    • Subchapter F - Institutional Controls, and
    • Subchapter G -Establishing a Facility Operations Area;
    Chapter 37 Financial Assurance
    • New Subchapter N -Financial Assurance Requirements for the Texas Risk Reduction Program Rule;
    Chapter 327 - Spill Prevention and Control,
    Chapter 331 - Underground Injection Control,
    Chapter 332 - Composting,
    Chapter 333 - Brownfields Initiatives,
    Chapter 334 - Underground and Aboveground Storage Tanks, and
    Chapter 335 - Industrial Solid Waste and Municipal Hazardous Waste; and

    Consideration for adoption of the repeal of Chapter 333, Section 333.11 -Public Notice (Requirements for the Voluntary Cleanup Program).

    If adopted, Chapter 350 would establish a uniform set of risk-based performance-oriented technical standards concerning response actions at affected properties. The other amendments and repeal conform the other chapters to the changes made by Chapter 350. The proposed rules were published in the March 26, 1999 issue of the Texas Register (24 TexReg 2165). (Chet Clarke) (Rule Log No. 96106-350-WS) Chet Clarke, Technical Support presented this issue. The rule was approved for adoption with non-substantive changes as presented and with minor grammatical changes recommended by Texas Register staff.

  4. Docket No. 1999-0769-RUL. Consideration for: Adoption of the review and readoption of the following chapters of 30 TAC:

    Chapter 39 - Public Notice
    Chapter 50 - Action on Applications
    Chapter 55 - Requests for Reconsideration and Contested Case Hearings; Public Comment
    Chapter 80 - Contested Case Hearings; and

    Adoption of amendments, including revisions to the State Implementation Plan, to the following chapters of 30 TAC:

    Chapter 39 - Public Notice Chapter 50 - Action on Applications
    Chapter 55 - Requests for Reconsideration and Contested Case Hearings; Public Comment
    Chapter 80 - Contested Case Hearings
    Chapter 106 - Exemptions from Permitting
    Chapter 116 - Control of Air Pollution by Permits for New Construction or Modification
    Chapter 122 - Federal Operating Permits
    Chapter 305 - Consolidated Permits
    Chapter 321 - Control of Certain Activities by Rule

    The primary purpose of the rulemaking is to implement House Bill (HB) 801, and portions of Senate Bill (SB) 7, SB 766, SB 1308, SB 211, and HB 1479, 76th Legislature, 1999, and to clarify and streamline the rules. The reviews are conducted in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997, which requires state agencies to review and consider for readoption rules adopted under the Administrative Procedure Act. (Lydia González Gromatzky) (Rule Log No. 99030-039-AD) Lydia González Gromatzky, OLS/Legal, and Marianne Baker, OLS/Legal, presented this issue. Staff requested the adoption of the review and readoption of Chapter 55, Requests for Reconsideration and Contested Case Hearings; Public Comment, be continued to the September 15 Commissioners' Agenda, and that adoption of amendments to Chapter 55, Requests for Reconsideration and Contested Case Hearings; Public Comment, similarly be continued to the September 15 Commissioners' Agenda. Staff requested the adoption of amendments to Chapter 321, Control of Certain Activities by Rule be remanded to Executive Director. The Commissioners approved the review and readoption and the amendments as requested, with non-substantive changes as presented and with minor grammatical changes recommended by Texas Register staff.

  5. TNRCC Docket No. 1998-0963-MWD. The Commission will consider the Protestants' Motion for Reconsideration, concerning the issuance by the Executive Director on May 21, 1999 of TPDES Permit No. 13951-001 to Figure Four Partners, Ltd. The wastewater treatment plant will be located approximately 4200 feet west of Harlem Road and 7200 feet south of Mortin Road located in Fort Bend County, Texas. This issue was withdrawn.

  6. Docket No. 1999-0959-CON. Consideration of approval of a contract between the Texas Natural Resource Conservation Commission and the State Office of Administrative Hearings (SOAH), to provide payment to SOAH for services to be rendered during the Fiscal Year beginning 09/01/1999 and ending 08/31/2000. The Commission may delegate approval authority. This issue was not discussed.

  7. 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. Randy Wood, Deputy Director/OEPAA reported that legislative implementation from the 76th Legislature is on schedule and that staff should have available at the end of September, a chart which will quickly provide a more detailed status of implementation progress. No action taken on this issue.

  8. Planning for the next Commissioners' Work Session. The Commissioners' Work Session scheduled for September 17 will be canceled. The next work sesion will be October 15. Issues identified by the Executive Assistants for discussion are: Authorization to Construct, 401 Certification, Sunset Report, and Interim Charges for the future 77th Legislature. The issue of the TPDES and annual wastewater treatment fee assessment, previously scheduled for September 17 will be presented at the September 15 Commissioners' Agenda.