Marked Agenda
Commissioners' Work Session
December 13, 1996
1:30 p.m. - 7:00 p.m.
Room 201S, Building E, Park 35, Austin

OLD BUSINESS

  1. Docket No. 96-1844-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.
NEW BUSINESS

  1. Consideration of the Commissioners' priorities on rule and policy development. The Commissioners chose to discuss this item in conjunction with item #10.

  2. Consideration of memoranda of understanding and agreement between the Texas Natural Resource Conservation Commission and other governmental entities, including a memorandum of understanding between the Texas Natural Resource Conservation Commission and the Texas Parks and Wildlife Department concerning wastewater discharges from aquaculture facilities. Nina Fantl (Legal) and Carol Kim (Water Policy) presented this item. Commissioner Baker moved that the Commission approve the proposal for publication in the Texas Register. The motion was seconded by Commissioner Marquez and approved unanimously. The Executive Director will sign the MOU on behalf of this agency.

  3. Consideration of potential revisions to 30 TAC Chapter 122, the federal operating permit rule implementing Title V of the Federal Clean Air Act, including public notice requirements and issues relating to application and permitting requirements. Karen Olson (Operating Permits) and Susan Owen (Legal) presented this item. The Commissioners directed staff to develop public notice requirements for the program which require a single, bilingual notice.

  4. The Texas Natural Resource Conservation Commission will meet in closed session to discuss following pending litigation: The Texas Natural Resource Conservation Commission and the State of Texas vs. United States Environmental Protection Agency, No. 96-60544, in the United States Court of Appeals for the Fifth Circuit; The Texas Natural Resource Conservation Commission and the State of Texas vs. Carol Browner, Administrator of the United States Environmental Protection Agency and the United States Environmental Protection Agency, No. 96-1283, in the United States Court of Appeals for the District of Columbia Circuit; The Texas Natural Resource Conservation Commission and the State of Texas vs. Carol Browner, Administrator of the United States Environmental Protection Agency and the United States Environmental Protection Agency, No. 96-1304, in the United States Court of Appeals for the District of Columbia Circuit. The authority for this meeting is 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 Government Code. The Commissioners discussed this item in closed session, but did not taken any action.

  5. The Commission will discuss the requirements in Commission rules on public notice of proceedings, and discuss possible rulemaking projects to revise and streamline notice requirements. The Commission may also discuss proposed legislation on this subject. The Commissioners chose not to discuss this item at this time.

  6. Consideration of issues related to existing and proposed policies regarding water rights necessary for the reuse of water. Mark Jordan (Water Policy) presented this item. The Commissioners invited public comment on this issue and received comment from: Michael Booth of Booth, Ahrens, and Werkenthin; Doug Caroom of Bickerstaff Heath; Greg Rothe of SAWS; Glenn Jarvis of the Texas Irrigation Council; and Cindy Loeffler of the Texas Parks and Wildlife Department. Until the agency receives direction from the state legislature, staff is directed to go with the following instructions -

  7. Consideration of issues related to the reauthorization of the Safe Drinking Water Act. Steve Walden (Water Utilities) and Sally Gutierrez (Water Utilities) presented this item. The Commissioners provided instructions on the following related issues -

  8. Consideration of issues related to the upcoming legislative session. David Duncan (IGR) presented this item. The Commissioners discussed several legislative issues. They provided feedback to staff on the following:

  9. Consideration of issues related to the enforcement penalty policy and the small entity/minor source no penalty policy. The Commissioners chose not to discuss this item at this time. This item was continued to the January 13, 1997, Commissioners' Work Session. Please note that this session will be held from 10:00 a.m. until noon in E-201S, rather than our regular meeting time.

  10. Planning for the next Commissioners' Work Session. The next work session is tentatively scheduled for Monday, January 13, 1997, from 10:00 a.m. until noon, in E-201S. The General Counsel's Office will discuss the scheduling of issues with Catherine Collins (OPRD) at a later date.