Marked Agenda Commissioners' Work Session (Open meeting)
Friday September 14, 2001
9:30 a.m.
Room 201S, Building E
12100 Park 35 Circle
  1. Discussion of the Monthly Enforcement Report for July, 2001. This issue was not discussed and was rescheduled for the next work session.


  2. Update on implementation of Senate Bill 2, 77th Legislature, relating to the development and management of the water resources of the state, including the ratification of the creation of certain groundwater conservation districts; providing penalties and related issues. This issue was not discussed and was rescheduled for the next work session.


  3. Update on implementation of Senate Bill 5, 77th Legislature, relating to the Texas emissions reduction plan and related issues. Julia Rathgeber, SEA presented this issue. No action taken.


  4. Update on implementation of House Bill 2912, 77th Legislature, relating to the continuation and functions of the Texas Natural Resource Conservation Commission and related issues. This issue was not discussed and was rescheduled for the next work session.


  5. Docket No. 2001-1043 -RUL. Consideration for publication of, and hearing on, the following proposed new and amended sections of 30 TAC Chapter 39, Public Notice; Chapter 55, Requests for Reconsideration and Contested Case Hearings; Public Comment; and Chapter 80, Contested Case Hearings:


  6. Amended Section 39.420 Transmittal of the Executive Director's Response to Comments and Decision

    Amended Section 55.156 Public Comment Processing

    Amended Section 55.209 Processing Requests for Reconsideration and Contested Case Hearing

    New Section 55.210 Direct Referrals

    Amended Section 80.6 Referral to SOAH

    Amended Section 80.105 Preliminary Hearings

    New Section 80.126 Public Comment Evidence in Direct Referrals

    The proposed new and amended sections would implement portions of Senate Bill 688, enacted by the 77th Texas Legislature, 2001, concerning direct referrals of certain permit applications to the State Office of Administrative Hearings (SOAH). The proposal would also clarify certain public notice rules regarding the circumstances where there is an opportunity to file requests for hearing and reconsideration in response to the chief clerk's transmittal of the executive director's response to comments. (Rule Log No. 2001-028b-055-AD)
    Lydia Gonzalez-Gromatzky presented this issue. The Commission approved publication and hearing.

  7. Consideration to approve the Final Implementation Plan for four TMDLs for 1,1-dichloro-2,2-bis(p-chlorophenyl)ethylene (DDE), chlordane, and toxaphene in the Arroyo Colorado and polychlorinated biphenyls (PCBs) in the Donna Reservoir. Chuck Muller, SIP presented this issue. The Commission approved the plan.


  8. Consideration to approve the Final Implementation Plan for two TMDLs for chlordane in Clear Creek. Chuck Muller, SIP presented this issue. The Commission approved the plan.


  9. Consideration for approval to publish and to solicit public comment on the Draft Implementation Plan for a TMDL for atrazine in Aquilla Reservoir. Chuck Muller, SIP presented this issue. The Commission approved publication.


  10. Discussion of the Petroleum Storage Tank (PST) Program's Compliance and Enforcement Self-Certification Initiative and related issues. Anne Rhyne, Registration, Review, and Reporting, and Zoe Rascoe, Field Ops, presented this issue. No action taken.


  11. 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. Susi Ferguson, Policy and Standards and Steve Minick, Intergovernmental Affairs presented this issue. No action taken.


  12. Planning for the next Commissioners' Work Session. The next work session is October 12. Topics for this work session include updates on Senate Bill (SB) 2, House Bill 2912, TxDot/TNRCC Memorandum of Understanding, permit terms for non-hazardous industrial solid waste facilities, Agency Biennial Audit Plan, work session and agenda work load impacts, as well as the standing items.