Marked Agenda
Commissioners' Work Session
Monday, August 12, 1996
1:30 p.m.
Room 201S, Building E, Park 35, Austin

Old Business

Items continued from the July 24, 1996, Regular Agenda Meeting:

  1. The Commission will meet in closed session to receive legal advice on agency options relating to delegation of the National Pollutant Discharge Elimination System (NPDES) program, pursuant to Section 551.071 of the Texas Open Meetings Act, Chapter 551 of the Texas 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 Texas Government Code. The Commissioners met in closed session from 1:42 p.m. until 1:59 p.m. No action was taken on this item. (See new business item #3 below regarding action on NPDES.)

  2. 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. The Commissioners met in closed session from 3:53 p.m. until 5:50 p.m. No action was taken on this item.

  3. 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. The Commissioners met in closed session from 3:53 p.m. until 5:50 p.m. No action was taken on this item.

New Business

  1. Consideration of the Commissioners' priorities on rule and policy development. The Commissioners chose to take this item up as part of new business item #8.

  2. Consideration of issues related to an update by staff on Concentrated Animal Feeding Operations. James Kowis (Policy and Regulatory Development) and John Hofmann (Commissioners' Office) provided the Commissioners with a brief update. Staff requested that no further action be taken on this item. There was no objection.

  3. Consideration of a resolution directing the Executive Director to submit to EPA an application for National Pollutant Discharge Elimination System (NPDES) program authorization for the State of Texas. Chairman McBee moved to direct the Executive Director to submit to EPA an application for NPDES program authorization. The motion was seconded by Commissioner Marquez and approved unanimously. The Commissioners also directed staff to move on this issue as expeditiously as possible. Staff still must collect signatures and make the necessary copies. The General Counsel will contact the Governor's Office regarding preparation of the Governor's letter requesting program approval.

  4. Consideration of issues related to waste tire recycling energy recovery grants. This item was discussed in conjunction with new business items #5 and #6. Commissioner Marquez moved to accept staff's recommendation regarding the awards. The motion was seconded by Chairman McBee and approved unanimously.

  5. Consideration of commission authorization to allow the Executive Director to enter into a grant assistance contract for $1,496,935 with North Texas Cement Company for reimbursement of costs to retrofit energy recovery facilities to enable the use of whole tires as fuel, pursuant to requests for proposals published by the TNRCC on March 19, 1996. (See new business item #4 above.)

  6. Consideration of commission authorization to allow the Executive Director to enter into a grant assistance contract for $1,589,769 with Capitol Aggregates for reimbursement of costs to retrofit energy recovery facilities to enable the use of whole tires as fuel, pursuant to requests for proposals published by the TNRCC on March 19, 1996. (See new business item #4 above.)

  7. Consideration of issues related to the agency's legislative appropriations request. Bill Campbell (Deputy Executive Director), Tobi Hitt (Budget), and Jeff Grymkoski (Strategic Planning and Operations) presented the issue. The Commissioners discussed the draft FY'98 and '99 Legislative Appropriations Request (LAR) as proposed by staff. The Commissioners will review the LAR and will provide specific direction, especially regarding the individual riders, to staff at the August 21st Regular Agenda Meeting. The Commissioners may also provide comments to staff on the Priority Allocation Table which accompanies the LAR, specifically regarding alternative grouping options. In the meantime, staff may meet individually with the Commissioners to discuss the proposal further.

  8. Planning for the next Commissioners' Work Session. The next Work Session has been scheduled for Thursday, August 29th, at 1:30 p.m. in E-201S. The primary issue to be discussed at this session will be enforcement. Please note that this issue is returning from the February 9th and March 21st Work Sessions.