Marked Agenda
Commissioners' Work Session (Open meeting)
Friday, November 17, 2000
9:30 a.m.
Room 201S, Building E
12100 Park 35 Circle
  1. Discussion of the Monthly Enforcement Reports for September 2000. This issue was presented by Anne Dobbs, OCE. No action was taken on this issue.


  2. Docket No. 2000-1226-RUL. Consideration for publication of, and hearing on, proposed new, amended, and repealed sections of 30 TAC Chapter 285, On-Site Sewage Facilities. The extensive proposed amendments, repeals, and new sections will update, correct, and clarify Chapter 285, On-Site Sewage Facilities, and increase its consistency with the Texas Health and Safety Code, Chapter 366, On-Site Sewage Disposal Systems, in some cases by increasing the stringency of requirements. These rules also implement legislative provisions from House Bill 1307 and Senate Bill 1654 of the 76th Legislature. (David T. Williams) (Rule Log No. 1998-039-285-WT) This issue was presented by Warren Samuelson, OCE/Installer Certification, Scotty Aplin and Kathy Brown, OLS, and David Williams, OEPAA. Jim Allison, representing County Judges and Commissioners Association of Texas and Donald Lee, Executive Director, Texas Conference of Urban Counties made public comment. At the request of the TNRCC Executive Director, some substantive revisions were made to the originally filed proposed sections. Specifically, the charge back fee was raised from $200 to $350, and the permit fee increased from $200 to $350. The Commissioners' approved publication with these changes and directed staff to add additional clarifying language to the publication notice encouraging public comment on alternative methods to distribute the fee increases.


  3. Docket No. 2000-0969-RUL. Consideration for publication of, and hearing upon, the following new sections to 30 TAC Chapter 101, General Air Quality Rules and 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds:

    4. Section 101.380, Definitions

    Section 101.382, Applicability

    Section 101.383, General Provisions

    Section 101.385, Record keeping and Reporting

    Section 117.109, System Cap Flexibility

    Section 117.110, Change of Ownership - System Cap

    Section 117.139, System Cap Flexibility

    The proposed new sections would add flexibility to the trading of nitrogen oxides emissions in the Dallas/Fort Worth nonattainment area and the attainment counties in east and central Texas by allowing the exceedence of a system emissions cap, provided emission reductions are obtained from another participant in a system cap to offset the exceedence. The new sections will be submitted as revisions to the state implementation plan. (Matt Baker/Beecher Cameron) (Rule Log No. 2000-046-101-AI).

    The Commissioners approved this issue at Commissioners' Agenda on November 15, 2000. This issue was presented today to correct a posting error made at the November 15 Agenda. No public comments were made today. No new action was taken.

  4. Consideration of Publication to solicit Public Comment on the draft TMDL for Atrazine in Aquilla Reservoir and the Draft TMDLs for volatile organic compounds in Clear Creek. This issue was presented by Julia Rathgeber, Strategic Assessment Division. This issue was approved as presented.


  5. Consideration to approve TMDLs for Dissolved Oxygen in Lake Austin; Sulfates and Total Dissolved Solids in E.V. Spence Reservoir; and Legacy Pollutants in Tarrant County as certified updates to the State of Texas Water Quality Management Plan and certify them to the Environmental Protection Agency (EPA) to satisfy federal water quality management planning requirements. This issue was presented by Julia Rathgeber, Strategic Assessment Division. This issue was approved as presented.


  6. Discussion of comments received on the Houston-Galveston Area state implementation plan (SIP) rulemaking. This issue was not discussed.


  7. Consideration of implementation issues and report on stakeholder meetings concerning the TNRCC Proposition 2 program for determinations of tax exemptions for pollution control property. This issue was presented by Susan Roothaan and Ron Hatlett, Pollution Prevention and Industry Assistance, and Susan Owen, OLS. Staff explained that since August a workgroup consisting of industry representatives and taxing authorities had been meeting to discuss issues related to the Tier III application review process. Staff presented the three main issues and requested clarification of program execution. The three issues were:


    8. •Should production equipment, which is used partly for pollution control purposes, qualify for a positive use determination?
    •How should the TNRCC calculate a partial use determination percentage?
    •Should replacement of like equipment for like equipment be eligible for a partial use determination?

    Legal interpretation of the tax code authorizes the TNRCC to provide a partial use determination for production equipment used partly for pollution control purposes. The commissioners concurred with this. Staff proposed that a cost based calculation be used to determine the partial use percentage, with an option that if the calculation produced a zero or negative result, then a technical review alternative could be used. The Commission recommended that the cost based calculation be used and that if a zero or negative result occurred then a negative determination be issued. Staff recommended that equipment purchased in order to replace like equipment, which had previously received a positive use determination, be considered eligible for a Tier III determination. The commissioners concurred with this.

  8. Update and discussion of issues regarding agency's response to the drought. This issue was presented by Todd Chenoweth and Mike Lannen, Water Permits and Resource Management. There was no action taken on this item.


  9. Consideration of activities and comments associated with State Implementation Plans and update on the 8-hour ozone designation. This issue was not discussed.


  10. Consideration of legislative issues potentially affecting the TNRCC and actions taken by the Texas Legislature. The commission may also meet in closed meeting to receive legal advice regarding these matters, or any of the above 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 action taken on this issue.


  11. Planning for the next Commissioners' Work Session. Issues scheduled for the next work session on December 8 are non-hazardous Class I injection wells, small business and local government enforcement report for FY2000, Prop 2 Greenfields, final 76th Legislative Implementation report, update on HB 801, as well as the standing issues. For planning purposes in 2001, the Commissioners tentatively plan to have a single monthly work session the Friday following Commissioners' Agenda.