Marked Agenda
Commissioners' Work Session (Open meeting)
Friday August 10, 2001
9:30 a.m.
Room 201S, Building E
12100 Park 35 Circle
  1. Consideration for publication of, and public meeting on, the proposed new Guidelines and Criteria for the Texas Emissions Reduction Plan, including the incentive grants for on-road and non-road vehicles and equipment; rebate programs; Heavy-Duty Motor Vehicle Purchase or Lease Incentive Program; and the Vehicle Manufacturer Requirements associated with the Light-Duty Motor Vehicle Purchase or Lease Incentive Program. These proposed documents would establish guidelines and eligibility criteria for the receipt of grant funding for an emissions reduction project intended to improve mobile source diesel emissions, establish guidelines and eligibility criteria for the receipt of heavy-duty motor vehicle purchase or lease incentives, and establish guidelines for vehicle manufacturer requirements regarding light-duty vehicles eligible for the incentive program. These Guidelines and Criteria would implement programs created by Senate Bill 5, 77th Legislature, 2001 (Texas Emissions Reduction Plan). This issue was presented by Kerri Rowland, OLS, Bill Jordan, and Steve Dayton, OEPAA/SIP. The Commission approved publication and public meeting as requested. Staff was directed to return to the October 12 work session to provide an update.


  2. Docket No. 2001-0864-CON. Consideration to approve a contract between the Texas Natural Resource Conservation Commission and the State Office of Administrative Hearings (SOAH), to provide payment to SOAH for services to be rendered during the Fiscal Year beginning September 1, 2001 and ending August 31, 2002. The Commission may delegate approval authority. Duncan Norton, GC, presented this issue. The Commission authorized the General Counsel to complete the processing and execute the contract as requested.


  3. Docket No. 2001-0853-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Sections 114.2, Inspection and Maintenance (I/M) Definitions; 114.50, Vehicle Emissions Inspection Requirements; 114.51, Equipment Evaluation Procedures for Vehicle Exhaust Gas Analyzers; and 114.53, Inspection and Maintenance Fees; the repeal of 114.52, Waivers and Extensions for Inspection Requirements; and new 114.52, Early Participation Incentive Program; and corresponding revisions to the state implementation plan. The proposed amendments would revise rules related to the implementation of the state's Motor Vehicle Emission I/M program. The proposed rules would revise the testing network design; adjust the portion of inspection fees remitted to the state; provide incentives to inspection stations for early participation in the I/M program; increase fees for the El Paso area related to a low income repair assistance program; and implement portions of House Bill 2134, 77th Legislature, 2001, related to vehicle waivers and test on resale. (Rule Log No. 2001-035-114-AI) This issue was presented by Hazel Barbour, Bob Wierzowiecki, Technical Analysis, and Kerri Rowland, OLS. The Commission approved publication and hearing as requested.


  4. Docket No. 2001-0882-RUL.Consideration of publication of, and hearing on, the following proposed new section of 30 TAC Chapter 39, Public Notice: Section 39.402, Applicability for Air Permit Amendments. The proposed new section would implement the provisions of House Bill 2518, enacted by the 77th Texas Legislature, concerning public notice requirements for applications for amendments to air quality permits. The proposal would establish criteria to govern whether the application for amendment is subject to public notice. Specifically, the proposed rule would establish emission rates for total emissions increases from all facilities authorized under the amended permit which would trigger public notice requirements if exceeded. These are the rates that are significant for public notice for agricultural facilities, or de minimis for public notice for all other facilities. (Rule log No 2001-028A-039-AD) This issue was presented by Kerry Drake, Air Permits and Lisa McClain, OLS. The Commission approved publication and hearing as requested.


  5. Consideration to approve the Final Implementation Plan for two TMDLs for sulfate and total dissolved solids in E.V. Spence Reservoir. Chuck Mueller, SIP, and Clifton Wise, TMDLs, presented this issue. The Commission approved the plan.


  6. Consideration to approve the Final Implementation Plan for nine TMDLs for legacy pollutants in streams and a reservoir in Dallas and Tarrant Counties.Chuck Mueller, SIP, and Clifton Wise, TMDLs, presented this issue. The Commission approved the plan.


  7. Consideration and approval of the FY 2002 Operating Budget. Machelle Pharr, CFO, presented this issue. The Commission approved the FY 2002 Operating Budget as requested.


  8. Consideration of issues to be voted upon at the Environmental Council of the States Annual Meeting and other related issues. The Chairman proposed a representation and voting procedure for the ECOS meeting which met with agreement among the other Commissioners and the General Counsel. No other action was taken on this issue.


  9. 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.


  10. Planning for the next Commissioners' Work Session.The next work session is August 23. Topics for this work session include public notice for air permit amendment applications, proposed amendments to Chapter 321: Control of Certain Activities by Rule, request to publish a document titled "Implementing the Water Quality Standards," work session and agenda workload impacts, as well as the standing items.