Marked Agenda
Commissioners' Work Session
January 26, 1996
1:30 p.m.
Room 201S, Building E, Park 35, Austin

Old Business

  1. Consideration of issues related to Speculative Permits. Lydia Gonzalez-Gromtazky, Kerrie Qualtrough, and LaDonna Castanuela (Legal) presented the issue. The issue will be discussed further at a future discussion of priorities; however, the Commissioners generally did not look favorably on the concept.

  2. Consideration of issues related to the Voluntary Cleanup Rules. Clark Talkington (OPRD), Ron Pedde (Waste), Charles Epperson (Waste), Scott Crouch (Waste), and Raymond Dasche (Legal) presented the issue. The Commissioners expressed a preference for the agency doing some sort of notification of contamination below residential risk-based levels on off-site properties. Notice would come from the landowner and would require proof of notice to the agency. Staff will proceed with developing the final rule to be brought back to the Commission.

New Business

  1. Consideration of staff briefing on Commissioners' priorities on rule and policy development. The Commissioners chose to take this item up in conjunction with item #6.

  2. Consideration of issues related to the Title V Operating Permits Program. Karen Olson (Air), Jeff Saitas (Air), and Susan Owen (Legal) presented the issue. Staff was instructed to move forward with the proposal. The Commissioners will call Mary Nichols (EPA) on Monday, Jan. 29th, to discuss: timing in regards to listing Texas as a Part 71 state and buy-in from the EPA General Counsel and Enforcement Office. This issue will be continued to the February 9th Work Session as Old Business.

  3. Consideration of issues related to Revisions to the Alternative Fuel Rules Pursuant to Legislative Action (SB 200). John Steib, Hazel Barbour, and Bill Jordan (Air) presented the issue. The Commissioners concurred that there should be no retroactive Low Emission Vehicle requirement in the new rules and that the new rules should be adopted in phases as recommended by staff. (Phase 1 would include transits in the DFW area and private and local government fleets in serious and above nonattainment areas. Phase 2 would include only those other fleets in the DFW area.) Staff was instructed to proceed with developing rules to be brought back to the Commission.

  4. Consideration of issues related to Flexibility in the Agency's Regulatory System. The Commissioners chose to take this item up at a future Work Session due to time constraints.

  5. Consideration of issues related to How Changes in the Agency's Regulatory System Are Communicated and Applied to the Regulated Community. The Commissioners chose to take this item up at a future Work Session due to time constraints.

  6. Planning for next work session. The next Commissioners' Work Session is scheduled for February 9th, from 1:30 p.m. until 5:00 p.m. in room E-201S. Various enforcement issues, as well as the Agency's Strategic Plan, Operating Budget, and Performance Partnership Grants are on the tentative agenda. The Title V Operating Permits Program will also be discussed as Old Business. An additional Work Session has also been scheduled for February 22nd.