Marked Agenda
Commissioners' Work Session
Monday, November 25, 1996
2:00 p.m.
Room 201S, Building E, Park 35, Austin
Old Business
- Docket No. 96-0953-RUL. Consideration of the adoption of the repeal of 30 TAC Chapter 313 and the adoption of new Chapter 213, relating to the Edwards Aquifer. The new rules establish regulations for activities having the potential for causing pollution of the Edwards Aquifer; streamline and consolidate the predecessor Chapter 313, Edwards Aquifer, as part of the Commission's regulatory reform process; and respond to public comment received pursuant to Section 26.046 of the Texas Water Code. These rules set out the procedures and criteria to be used by the executive director in the review and approval of Edwards Aquifer protection plans. (Rule Log No. 96114-213-WT)(Mary Ambrose) The Commissioners continued this item as old business to the December 4, 1996, regular Wednesday agenda meeting. No action was taken.
New Business
- Consideration of the Commissioners' priorities on rule and policy development. The Commissioners chose to discuss this item in conjunction with item #6.
- Consideration of issues related to recent meetings of the Ozone Transport Assessment Group (OTAG) and the Federal Advisory Committee Act Subcommittee for Ozone, Particulate Matter, and Regional Haze Implementation Programs. Beverly Hartsock (OPRD), Chuck Mueller (Air Policy Coordination and Development Section), and Thomas Ortiz (Air Policy Coordination and Development Section) presented this item. The Commissioners directed staff to -
- proceed with sending a letter to Mary Gade, Chair of the OTAG Policy Committee, regarding concerns of the Southwestern states about the current OTAG results and schedules, and
- proceed with coordinating with the other Southwestern states to develop a response to the Mary Nichols letter to Mary Gade.
This item will be discussed again at a future work session once the new standards are released. The Commissioners will also discuss later the issue of how to best keep state legislators informed of developments.
- Consideration of issues related to the upcoming legislative session. David Duncan (IGR) presented this item. The following issues were discussed -
- Clean rivers: staff reported that Representative Counts plans to carry this legislation, so the Commissioners decided that no further action by them is needed.
- Executive Director subdelegation: this issue should be included in the agency's legislative package.
- Occupational licensing: this issue was continued for additional discussion to the December 13th work session; in the meantime, staff should receive feedback from the Board of Licensing and the Board of Plumbing Examiners; the Commissioners may discuss further agency prioritization and the correlation between programs under Occupational Licensing and the agency's mission.
- Consolidation of enforcement penalties: staff was directed to go forward with this proposed harmonized approach; staff was also directed to compare this approach with what's being done in other states; water rights and dam safety (including levies) were moved to the top penalty tier.
- Superfund: there was no objection to adding the lenders liability provision to the proposed Superfund statutory changes to make state law consistent with federal law; this provision will provide protection from liability for lenders who are not involved with the management of contaminated property; this option should expedite the return of properties to productive use by ensuring that lenders will not be held liable for contamination they did not cause.
- The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Internal Auditor as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the 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 Government Code. The Commissioners continued this item as old business to the December 4, 1996, regular Wednesday agenda meeting. No action was taken.
- 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 met in closed session on this item. No action was taken.
- Planning for the next Commissioners' Work Session. The next Commissioners' Work Session will be held on Friday, December 13th, at 1:30 p.m. in E-201S. The following issues are tentatively scheduled for discussion: issues related to the upcoming legislative session, the proposed penalty policy, the Safe Drinking Water Act, the proposed small entity/minor source policy, the Title V Operating Permits program, and water rights permitting/reuse projects.