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 the Commissioners’ priorities on rule and policy development. The Commissioners chose to discuss this item in conjunction with item #8

2. Discussion of an Agency Report on Enforcement Actions for various media including Agriculture, Air, Industrial and Hazardous Waste, Municipal Solid Waste, Occupational Certification, Petroleum Storage Tanks, Public Water Supply, Water Quality, and Multi-Media. Anne Dobbs (Litigation Support Division) presented this item. Chairman McBee informed staff of a recent meeting with Attorney General Morales to discuss efforts to reduce the number of outstanding enforcement cases.

3. Consideration of issues relating to the Environmental Council of the States (ECOS) Fall '97 meeting. Trace Finley (Executive Director’s Office) presented this item. Chairman McBee solicited input from staff regarding information which could assist the Commissioners in their discussions with their peers from other states during the conference.

4. Consideration of the agency's implementation of legislation enacted by the 75th Texas Legislature, including Legislative Concept Papers and the status of the agency's Legislative Implementation Strategy. 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. Beverly Hartsock (Office of Policy and Regulatory Development) and David Duncan (Intergovernmental Relations) presented this item. Chairman McBee indicated that he would like updates on Interim Legislative Committees included in this standing agenda item.

5. Consideration of the Environmental Protection Agency's promulgation of revised national ambient air quality standards and related issues. Herb Williams (Air Policy and Regulatory Development) and Beverly Hartsock (Office of Policy and Regulatory Development) presented this item. Chairman McBee asked the Legal Division to look into the legality of EPA’s selective revocation of the one-hour ozone standard for some areas and not all areas.

6. Consideration of issues related to the further development of the Texas Risk Reduction Rules. Clark Talkington (Waste Policy and Regulations Development), Chet Clarke (Petroleum Storage Tank), Ramon Dasch (Legal Division), Ron Pedde (Office of Waste Management), and Greg Tipple (Pollution Cleanup) presented this item. Commissioners directed staff to structure the Texas Risk Reduction Program Rule such that the executive director, and not staff, will make decisions regarding requests from the regulated community to vary standard exposure assumptions for exposure duration and exposure frequency to values reflective of the land use at a commercial/industrial property for purposes of calculating protective concentration levels. The executive director should use standard notice and comment practices (not evidentiary hearings) to solicit public involvement. Public hearings or meetings will be held at the executive director’s discretion. Communications between the executive director and commissioners will not be considered ex parte. Reconsideration by the Commission of the executive director’s decisions may be requested by either the applicant or a commissioner. Proposed rules should be ready by late this year.

7. Consideration for publication of a proposed new 30 TAC Chapter 7, Section 7.105, concerning Memorandum of Understanding (MOU) between the commission and the Texas General Land Office (GLO) and the repeal of §305.521(a)(4) related to adoption of Memoranda of Understanding by Reference. The proposed rule would establish an MOU between the Texas Natural Resource Conservation Commission and the Texas General Land Office. The MOU would set forth the coordination of program responsibility and procedural mechanisms relating to the Galveston Bay Estuary Program. Marilyn Browning (Galveston Bay Estuary Program) presented this item. Chairman McBee moved to approve the proposal for publication with minor typographical corrections. The motion was seconded by Commissioner Marquez and passed unanimously.

8. Planning for the next Commissioners’ Work Session. The next Commissioners’ Work Session is tentatively scheduled for Thursday, October 2, in E-201S, at 1:30 p.m. It will include the following issues: Municipal Solid Waste (MSW) Policy Issues, Regionalization (implementation of Senate Bill 1), EPA’s promulgation of Revised NAAQS (standing item), and Legislative Implementation Report (standing item). Land-use issues relating to the MSW Policy Issues will not be discussed due to pending related litigation. The Commission also directed staff to remove the item regarding CAFO Waste Management Issues and to add a potential discussion item regarding the State Implementation Plan process and NO_x waivers.