Marked Agenda
Commissioners' Work Session
Thursday, November 7, 1996
1:30 p.m.
Room 201S, Building E, Park 35, Austin

Old Business

  1. Docket No. 96-1694-EXE. 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 chose not to discuss this item at this time.

  2. Docket No. 96-1695-EXE. 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 chose not to discuss this item at this time.

New Business

  1. Consideration of the Commissioners' priorities on rule and policy development. The Commissioners chose to discuss this item in conjunction with item #7.

  2. Consideration of issues related to the agency's alternative fuels report to the legislature. Jeff Saitas (Air), Hazel Barbour (Clean Fuels and Commute Options), Bill Jordan (Clean Fuels), and David Duncan (Legal) presented this item. The Commissioners directed staff to proceed with developing the report based on the following actions:

  3. Docket No. 96-1719-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 335, Subchapter K, Section 335.344, concerning Hazardous Substance Facilities Assessment and Remediation. The proposed rules would streamline the procedures for delisting and modification of sites on the state superfund registry. Jim Feeley (Pollution Cleanup), Ramon Dasch (Legal), and Ray Austin (OPRD) presented this item. The Commissioners provided staff with some corrections to the draft rule. Blas Coy, the Public Interest Counsel, provided comments on the draft. Chairman McBee moved that the rule (as corrected) be published and that the agency take public comment on it. The motion was seconded by Commissioner Marquez and approved unanimously.

  4. Consideration of communiques between the Governor of the State of Texas and the Governor's of the Mexican States of Tamaulipas, Nuevo Leon, Coahuila, and Chihuahua. Diana Borja (Border Affairs) and Jorge Garces (Border Affairs) presented this item. The Commissioners endorsed the four communiques for forwarding on to the Secretary of State and the Governor of Texas for the Governor's approval and signature.

  5. Consideration of the Commission's procedures relating to the agenda process and operation of the Office of the Chief Clerk. Geoff Connor (General Counsel) and Mamie Black (Acting Chief Clerk) presented this item. The following issues were discussed:

Additional discussion of these issues, as well as other issues related to the operation of the Chief Clerk's Office, will resume at a later date.

  1. Consideration of issues related to the upcoming legislative session. David Duncan (IGR), David Duncan (Legal), Robert Martinez (Legal), John Riley (Litigation Support), and Lisa Dyar (Litigation Support) presented this item. The Commissioners discussed:

  2. Planning for the next Commissioners' Work Session. The next Commissioners' Work Session will be held on Monday, November 25th, at 2:00 p.m. in E-201S. The following issues are tentatively scheduled for discussion: issues related to the upcoming legislative session, OTAG/FCAAAC meetings, and the agency's Internal Auditor. This last item will be held in executive (closed) session.

Addendum to the Commissioners' Work Session Agenda

  1. The Commission will meet in closed session to receive legal advice on the petition of the Environmental Defense Fund to withdraw EPA delegation of the Underground Injection Control Programs of the Texas Natural Resource Conservation Commission under the Safe Drinking Water Act. The Commission will also receive legal advice on issues related to EPA delegation to the Commission of the hazardous waste program as authorized under Section 3006 of the Resource Conservation and Recovery Act, and on issues related to the Commission's application submitted to the EPA concerning delegation of the National Pollutant Discharge Elimination System program to the Commission. The closed session is held pursuant to Section 551.071 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. No final action, decision or vote on any legal 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 chose not to discuss this item at this time.