WHITE

MARQUEZ

SOWARD


MARKED WORK SESSION AGENDA


Friday, January 16, 2004


Texas Commission on Environmental Quality


9:30 a.m.

Room 201S, Building E

12100 Park 35 Circle


 

1.          Discussion of the Monthly Enforcement Reports for November 2003. Anne Dobbs, Enforcement Division presented this issue. On a quarterly basis, future enforcement reports will include overdue penalty payments arranged chronologically by fiscal year, by program area, and with collection disposition on any overdue amounts. This overdue penalty payment report will be included with the monthly reports on the external website.


Action: No action taken.

 

2.          Discussion of issues relating to agency compliance and enforcement policies and practices. Glenn Shankle, Deputy Executive Director, provided an update on the progress of the agency’s compliance and enforcement policies and practices review, as outlined in the backup material. The Commissioners asked that the review articulate an overarching general policy statement which includes incentives, deterrence, compliance, and enforcement functions.


Action: No action taken.

 

3.          Consideration for approval of the New Technology Research and Development Grants to Support the Texas Emissions Reduction Plan: Guidelines for Grants. REPOSTED AS ITEM NUMBER 10.

 

4.          Discussion of activities associated with the State Implementation Plan and issues related to recommendations regarding 8-hour ozone designations and boundaries. Randy Wood, Deputy Director, OEPAA and Herb Williams, OEPAA presented this issue. The discussion included a preliminary analysis by TCEQ of the EPA’s eleven 8-hour ozone designation boundary exclusion criteria and a draft analysis of the impacted counties with respect to the eleven exclusion criteria. A work session is scheduled for February 2nd to allow staff to present a final exclusion criteria analysis. Members of the public speaking to this issue included:

             Gregg Cooke, attorney representing Dallas, Tarrant, Collin, and Denton counties;

Forrest Mims, Guadalupe County Commissioners’ Court and Alamo Council of Governments for Air Technical and Air Advisory Committees;

Mayor Charles Ruppert, City of Cibolo.


Action: No action taken.

 

5.          Consideration of activities associated with the State Implementation Plan and issues related to recommendations regarding PM 2.5 designations and boundaries. Herb Williams, OEPAA presented this issue as outlined in the backup materials. The Executive Director recommends the Commission adopt a recommendation of attainment for all Texas with regard to the PM2.5 air quality standard and that this recommendation be forwarded to the Governor for consideration and submittal to EPA by the February 15, 2004 deadline.


Action: Adopt recommendation as proposed. M,W. All agree.

 

6.          Discussion 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 state’s 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. Steve Minick, IGR, presented this issue from the backup materials. Chairman White requested additional information on incentives and credits with regard to the Federal Energy Bill, HR 6.


Action: No action taken.

 

7.          PUBLIC COMMENT SESSION: 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. Mike Riley, Seguin and member of the Air Technical Committee and Air Advisory Committees of the Alamo Council of Government voiced concerns regarding air emission issues in the Seguin area. Forrest Mims, scientist, representing the Guadalupe County Commissioners’ Court and Alamo Council of Governments and member of the Air Technical and Air Advisory Committees spoke to issues of the quality of regional air quality and data quality. Mary Kelly, attorney representing Environmental Defense, provided suggestions regarding the agency compliance and enforcement policies and practices review.


Action: No action taken.

 

8.          Planning for the next Commissioners’ Work Session. The next work session will be on Monday, February 2nd. The issue for discussion will be the 8-Hour Ozone designations and boundaries exclusion criteria. A second work session is tentatively scheduled for February 13. In addition to the standing issues, 2 quadrennial rule review and readoption proposals, the compliance and enforcement policies and practices review, and environmental monitoring and response systems are scheduled for discussion.

 

9.          Closed Session: No closed session convened.




MARKED ADDENDUM TO

WORK SESSION AGENDA


 

10.        Consideration of the New Technology Research and Development Program. Randy Wood, Deputy Director OEPAA, and Candy Garrett, Division Director, Environmental Planning and Implementation, presented the issue as outlined in the backup materials. Dr. David Allen, Chairman, Texas Council of Environmental Technology (TCET) also provided comment with regard to the role of Texas Council on Environmental Technology in the New Technology Research and Development Program. Dr Allen emphasized the importance of reaching an agreement with the EPA on what technology testing sequence or protocol development will be used. Currently the development of a protocol through the Environmental Technology Verification Program takes about two years. This process needs to be accelerated. Jeff Trucksess spoke on behalf of Fuel Cells Texas, a non-profit trade association comprised of most of the major fuel cell manufactures.


Action: No action taken.