NEW BUSINESS
This meeting is a closed session.
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.
New Chapter 350 -Texas Risk Reduction Program
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.
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.