Discussion of the Monthly Enforcement Report for November 2000. This issue was
presented by Anne Dobbs, OCE. No action was taken on this issue.
Consideration of issues related to regulation of surface facilities associated with non-commercial, non-hazardous Class I injection wells. Leigh Ing, Permitting, Remediation and Registration, Dale Burnett, Waste Permits, Melissa Estes, OEPAA/Regulation Development, and Chris Gee, OLS/Environmental Law, presented this issue. Staff proposed 4
options relating to the level of technical review and design information requirements associated with registering or permitting pre-injection facilities which would be used as an interim policy.
Option 1: Require registration and conduct a technical review of the pre-injection facilities under TWC Chapter 27; or
Option 2: Require owners/operators of pre-injection facilities associated with UIC to obtain a general operating permit under TWC Chapter 26; or
Option 3: Permit pre-injection facilities under TWC Chapter 27; or
Option 4: Do not require registration or technical review of design criteria or permit pre-injection facilities under TWC Chapters 26 or 27.
The Commissioners acknowledged that in view of ongoing rule making within the affected chapter, staff could not propose amendment to that chapter until the current rule making was
adopted. As an interim measure, the Commissioners directed staff to follow a policy that would require pre-injection facilities that treat or condition the wastes and are associated with the injection well itself, be either part of a permit or subject to a registration. In addition, whatever information needed to evaluate the adequacy of those facilities needs to be provided through the registration process. The applicant should also be aware that if sufficient design information is not included with the registration, it will be asked for.
Consideration to approve final TMDLs for legacy pollutants in the Arroyo Colorado and legacy pollutants in Clear Creek as certified updates to the State of Texas Water Quality
Management Plan to satisfy federal water quality management planning requirements.
Chuck Mueller, SIP and Mel Vargas, TMDLs presented this issue. The Commissioners' approved the final TMDLs as presented.
Discussion of staff recommendations on the process for preparing and finalizing Watershed Action Plans for impaired water bodies. Julia Rathgerber, SEA, Chuck Mueller,
SIP and Mel Vargas, TMDLs presented this issue. Staff presented a draft document describing the process for preparing and finalizing a Watershed Action Plan for impaired water bodies.
The Commissioners approved the draft as presented. In addition, the Commission directed staff to establish communications with other state agencies, such as the Soil Board and the Texas Department of Health, who may be impacted by budgetary constraints in order for them to consider appropriate legislative appropriation requests.
Consideration of Publication to Solicit Public Comment on the Draft Guidance for Screening and Assessing Texas Surface and Finished Drinking Water Quality to be used
for preparing the 2002 Water Quality Inventory as required by the Clean Water Act Section 305(b). Karen Atkinson, SEA and Patrick Roques, Monitoring Operations presented
this issue. The Commission approved the request to publish the draft guidance document for public comment.
Consideration of staff recommendations for modifying the current order on permitting procedures for commission authorization of new CAFO facilities and expansions of existing CAFOs in the Bosque Watershed before the TMDL implementation. Ron Pedde, and Darrell Williams of WP & RM, presented this issue. The Commission issued an order on November 29 requiring new CAFOs or expansions of existing CAFOs to include a Nutrient Utilization Plan (NUP) and immediately begin operating in conformity with the NUP.
Circumstances have resulted in a delay of the TMDL and, during the interim, applications have been received which will increase the number of animals authorized in the watershed by over
20,000. The currently pending applications in segments 1226 and 1255 of the Upper North Bosque River propose to increase by approximately 20,000 head the number of animals and the
associated waste generated from the CAFO cause concern on the sufficiency of the Commission Order and policy to maintain the status quo in the watershed until an implementation plan can
be devised and adopted. Staff presented 3 options. Option 2 was recommended.
Option 2: New and expanding CAFO operations would be authorized only through individual permit with a NUP approved by the Commission and operator removal of 100% collectible
manure to a registered composting facility or out of the watershed. Existing waste application fields would only be authorized for wastewater application; or
The Commissioners' approved Option 2 except instead of 100% removal of all collectable manure from the operation, the permit would require the removal of the amount of increased manure from the expansion, as well as enough additional manure to offset the increased amount of wastewater that will be the result of the expansion. This direction will apply to the applications currently pending and future submissions.
Discussion of possible joint TNRCC/TxDOT public outreach initiatives related to air quality and transportation. Susi Ferguson, Policy and Standards presented this issue. Staff provided an update on efforts of a joint steering committee of officials from both agencies
supporting the concept of a comprehensive statewide outreach campaign designed to change the attitudes and behaviors of Texans to bring about a meaningful improvement in air quality. No action taken by the Commission.
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. Steve Minick, IGR, provided a briefing on next weeks legislative committee meetings. A summary of filled bills would be provided separately. The
Commissioners raised the priority of incentive pay to number 4 from number 6 on the exceptional item list and directed that a letter be prepared for the Legislative Budget Board noting that fees may have to be increased to support operations if insufficient revenues are not made available.
Planning for the next Commissioners' Work Session. The next scheduled work session is
Friday, February 9th. Standing issues composed of enforcement report, legislative activity, and TMDL proposal/approval are tentatively scheduled for discussion or consideration.