NEW BUSINESS

This meeting is a work session for discussion between commissioners and staff. No public testimony or comment will be accepted except by invitation of the commission.

1. Consideration of an update on Texas' assumption of the federal National Pollutant Discharge Elimination System (NPDES) program and related issues. Ken Petersen (Deputy Director, Office of Water); Joe Vogel (Deputy Director, Office of Enforcement and Compliance); Ann McGinley (Enforcement Division); Tom Weber (Wastewater Permits); and Margaret Hoffman (Legal) presented this item. The commission directed staff to allow EPA the 30-day informal review period they requested to provide comments on the Texas NPDES application.

2. Discussion of issues relating to and consideration for publication of proposed new 30 TAC Chapter 7, §7.111, concerning Memorandum of Understanding (MOU) between the Texas Natural Resource Conservation Commission and the Railroad Commission of Texas; and for consideration of simultaneous repeal of 30 TAC 335.28 (3), concerning Adoption of Memorandum of Understanding by Reference. The proposed MOU clarifies jurisdiction between the agencies over waste materials that result from or are related to activities associated with the exploration for and the development, production, and refining of oil or gas. Susi Ferguson and Hygie Reynolds (Waste Policy); Terry Eaton and Leslie Savage (Texas Railroad Commission); and Michelle Lingo (Legal) presented this item. Commissioner Marquez moved to approve publication of the proposed MOU with the Railroad Commission with minor modifications. Chairman McBee seconded and the motion passed unanimously.

3. Docket No. 97-xxxx-RUL. Consideration for publication of and hearing on amendments to 30 TAC Chapter 106, Section 106.4, concerning Requirements for Exemption from Permitting; 30 TAC Chapter 116, Section 116.12, concerning Nonattainment Review Definitions, Section 116.150, concerning New Major Source or Major Modification in Ozone Nonattainment Area, and Section 116.151, concerning New Major Source or Major Modification in Nonattainment Area Other than Ozone; and 30 TAC Chapter 117, Subchapter B concerning Combustion at Existing Major Sources, Subchapter C concerning Acid Manufacturing, Subchapter D concerning Administrative Provisions, and Subchapter E concerning Gas-Fired Steam Generation; and revisions to the State Implementation Plan concerning the amendments. The proposed changes will restore nonattainment new source review requirements for nitrogen oxides in Chapters 106 and 116, will add provisions consistent with federal new source review reform in Chapter 116, and will extend the compliance date and make monitoring requirements more flexible in Chapter 117 (Randy Hamilton, Dale Beebe-Farrow) (Rule Log No. 97181-117-AI). Beverly Hartsock (Deputy Director, Office of Policy and Regulatory Development); Herb Williams, Randy Hamilton, and Mike Magee (Air Policy and Regulations Division); Dale Beebe-Farrow (New Source Review Permitting Division) presented this item. Commissioner Marquez moved to approve the modifications to the state’s NOx program as recommended by staff and to approve publication of the proposed rule amendment, Chairman McBee second and the motion passed unanimously.

4. Consideration of the U.S. Environmental Protection Agency’s promulgation of revised national ambient air quality standards attainment, implementation of these and the prior national ambient air quality standards, and related issues. No briefing or action was required.

5. Consideration of the agency's implementation of legislation enacted by the 75th Texas Legislature and the agency's efforts to work with the Interim Legislative Committees. The commission may also meet in closed meeting to receive legal advice regarding these matters as authorized by Section 551.071 of the Open Meetings Act, Chapter 551 of the Government Code. Any commission action, decision, or vote on these matters will be made in open meeting in accordance with Section 551.102 of the Open Meetings Act, Chapter 551 of the Government Code. No briefing or action was required.

6. Planning for the next Commissioners’ Work Session. The next Commissioners’ Work Session is scheduled for Thursday, December 18, in E-201S, at 1:30 p.m. It will include the following issues: the monthly enforcement report, the Clean Air Responsibility Enterprise Committee report on grandfathered emissions, the implementation of national ambient air quality standards, consideration for publication of proposed rule on used tires, and legislative reports on Senate Bill 1 regarding the commission’s ability to set water and sewer rates based on factors other than rate of return and House Bill 1228 consolidation of permit processing.