Marked Agenda
Commissioners' Work Session
Thursday, September 26, 1996
1:30 - 3:30 p.m.
[RECESS]
Friday, September 27, 1996
3:30 - 5:10 p.m.
Room 201S, Building E, Park 35, Austin

Old Business

Items 1 and 2 continued from the September 25th Regular Agenda Meeting

  1. Consideration for publication of proposed amendments to 30 TAC Chapters 1, 50, 55, 80, 116, 312, 321, 330, 332, and 337. The proposed amendments are made as part of the Commission's efforts to revise and clarify its rules on procedural requirements. The amendments concern the Commission's evaluation of hearing requests, the Executive Director's approval of uncontested applications, withdrawing an application, and other procedural issues. After a discussion of the draft rules, the Commissioners made a number of changes to the draft. Chairman McBee moved that the Commission approve these rules as revised for publication in the Texas Register. The motion was seconded by Commissioner Marquez and approved unanimously.

  2. Consideration of a resolution concerning the Commission's evaluation of hearing requests. On September 11, 1996, the Commission adopted a resolution concerning the evaluation of hearing requests, directing the General Counsel to manage a project to revise the Commission's rules and policies on this subject. The Commission will consider the adoption of a second resolution to give further direction. After a discussion of the draft resolution, the Commissioners made a number of changes to the draft. Chairman McBee moved that the Commission adopt the resolution as revised. The motion was seconded by Commissioner Marquez and approved unanimously.

New Business

  1. Consideration of the Commissioners' priorities on rule and policy development. The Commissioners took this issue up as part of new business item #6.

  2. Consideration of issues related to the national estuary programs. Randy Wilburn (Water) presented the issue. The following members of the public were invited by the Commission to comment on this issue: Jim Kachtick (Galveston Bay Council), Glenda Callaway (Galveston Bay Council), John Barrett (Corpus Christi Bay National Estuary Program), Ray Allen (Corpus Christi Bay National Estuary Program), and Joe Moseley (Corpus Christi Bay National Estuary Program). The Commissioners expressed their support of the estuary programs.

  3. Consideration of issues related to early action incentives for cleanups. Ramon Dasch (Legal) presented the issue. At the invitation of the Commission, William Powell, a member of the public, commented on this issue. The Commissioners directed staff to receive input on this issue from the Fund 550 staff and then to proceed with incorporating this concept into the agency's legislative package.

  4. Consideration of issues related to agency reporting requirements. The Commissioners postponed discussion on this issue until the October 10th work session.

  5. Consideration of issues related to the proposed Regulatory Reform Rules Drafting Standards. Russ Baier (OPRD) and David Bolduc (ED's Office) presented the issue. The Commissioners approved the standards for immediate implementation. The Commissioners stressed that -

The Regulatory Reform Rules Drafting Standards are attached to these Marked Agenda. Please review and keep for future reference.

  1. Planning for the next Commissioners' Work Session. The next Work Session is scheduled for Thursday, October 10th, at 1:30 p.m. in E-201S. The following issues are scheduled to be discussed: the agency's report to the legislature on alternative fuels, the agency's reporting requirements (a regulatory reform initiative), and odor nuisances.