HUSTON
MARQUEZ
WHITE

MARKED WORK SESSION AGENDA

Friday, March 7, 2003

Texas Commission on Environmental Quality

8:30 a.m.
Room 201S, Building E
12100 Park 35 Circle

  1. Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the 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.

    No action taken.


  2. Docket No. 1999-0024-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. The Commission may also meet in open session to take action on a legal or personnel matter considered in the closed meeting as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.

    No action taken.


  3. Docket No. 1999-0025-EXE. The commission will conduct a closed session to discuss their duties, roles, and responsibilities as commissioners of the TCEQ pursuant to section 551.074 of the open meetings act, codified as chapter 551 of the 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.


HUSTON
MARQUEZ
WHITE

MARKED WORK SESSION AGENDA

Friday, March 7, 2003

Texas Commission on Environmental Quality

9:30 a.m.
Room 201S, Building E
12100 Park 35 Circle

  1. Discussion of the Enforcement Report for January 2003. Anne Dobbs, Office of Compliance and Enforcement presented this issue.

    No action taken.


  2. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 3, Definitions. This review is in accordance with Texas Government Code, Section 2001.039, which requires state agencies to review and consider for readoption each of their rules every four years. The proposal was published in the January 10, 2003 issue of the Texas Register (28 TexReg 487). Clifton Wise, Regulations Development Section and Susan White, Environmental Law Division, presented this issue.

    Approve readoption, M/H. All agree.


  3. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 101, General Air Quality Rules. This review is in accordance with Texas Government Code, Section 2001.039, which requires state agencies to review and consider for readoption each of their rules every four years. The proposal was published in the December 20, 2002 issue of the Texas Register (27 TexReg 12021). Joe Thomas, Regulations Development Section and Daniel Long, Environmental Law Division, presented this issue.

    Approve readoption, M/W. All agree.


  4. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 1, Purpose of Rules, General Provisions. This review is in accordance with Texas Government Code, Section 2001.039, which requires state agencies to review and consider for readoption each of their rules every four years. The proposal was published in the November 29, 2002 issue of the Texas Register (27 TexReg 11183). Clifton Wise, Regulations Development Section and Jason Haas, Environmental Law Division, presented this issue.

    Approve readoption, H/W. All agree.


  5. Consideration of activities associated with State Implementation Plans and issues related to recommendations regarding the 8-hour ozone designations and boundaries. Herb Williams, Office of Environmental Policy, Analysis, and Assessment, and Terry Salem presented this issue. Staff reported on activities of the 8-Hour Ozone Designation Team, the State Designation Recommendations due dates, EPA's 8-Hour Ozone Standard Implementation Rule and provided the Commission with a proposed 8-Hour Ozone Designation Schedule for TCEQ to follow in order to meet EPA's July 15, 2003 State Designation Recommendations deadline.

    Approve schedule, H/M. All agree.


  6. Discussion of the progress and risk management plans for activities of three major Information Technology projects; Compliance History Implementation, Electronic Reporting of Emission Events, State Implementation Plan Environmental Data Management System (SIP EDMS), and related information technology project activities. Grace Montgomery Faulkner, Deputy Director Office of Administrative Services, Leonard Spearman, Deputy Director Office of Compliance and Enforcement, Randy Wood, Deputy Director Office of Environmental Policy, Analysis, and Assessment, Mark Vickery, Deputy Director Office of Permitting, Remediation, and Registration, and Lydia Gonzalez-Gromatzky, Deputy Director Office of Legal Services presented this issue. Commissioner Marquez and Chairman Huston requested individual briefings regarding the multiple reports required by Compliance and Enforcement for a single emission event as it relates to the Electronic Reporting of Emission Events. Additionally, Commissioner Marquez requested an individual brief after April 1st on the three major IT projects. Staff was directed to return to a future work session to discuss any Phase II and Phase III IT implementation cost figures.


  7. Consideration of legislative issues potentially affecting the TCEQ and actions taken by the Texas Legislature. The commission may consider legislative proposals and approve recommendations for changes to statutory provisions. 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. Steve Minick presented this issue.

    No action taken.


  8. Planning for the next Commissioners' Work Session. The next work session is tentatively scheduled for April 4. Issues tentatively identified are two quadrennial rule review readoptions, a discussion of Strike Team activities, and the future Environmental Council of States Conference, as well as the standing issues.