Marked Agenda Commissioners' Work Session (Open meeting)
Friday October 12, 2001
9:30 a.m.
Room 201S, Building E
12100 Park 35 Circle
- Discussion of the Monthly Enforcement Reports for July and August, 2001. This issue was
presented by Ann McGinley, Enforcement. No action taken.
- Consideration of future workload issues and the scheduling of matters on the Commission's
regular agendas and work sessions, including scheduling of rulemaking, permitting, and
enforcement matters. This issue was presented by Duncan Norton, General Counsel. No
changes were directed to be made to the work session and agenda work load process. Staff was
directed to be alert to factors which might signal the need to schedule additional work sessions or
increase the number of issues presented at agenda.
- 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. Carolyn
Brittin, Executive Director's Office, presented this issue. No action taken.
- 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.
Terri Seales, Executive Director's Office, presented this issue. No action taken.
- Docket No. 2001-1057-RUL. Consideration for publication of, and hearing on, proposed new
30 TAC Section 7.119, concerning Memorandum of Understanding Between the Texas
Department of Transportation and the Texas Natural Resource Conservation Commission;
the proposed repeal of 30 TAC Chapter 114, Subchapter G, Section 114.250, concerning
Memorandum of Understanding with the Texas Department of Transportation; and the
proposed repeal of 30 TAC Chapter 305, Subchapter N, Section 305.521, concerning
Adoption of Memorandum of Understanding by Reference. The proposed repeal of Section
114.250 and proposed new Section 7.119 will be revisions to the state implementation plan
(SIP). If adopted, the proposed new section and repeals would consolidate memoranda of
understanding (MOU) which are adopted by reference in Chapters 114 and 305 into a new
Section 7.119. Additionally, Texas Transportation Code, Section 201.607, requires that an
MOU exist between the Texas Department of Transportation and natural resource agencies
to coordinate review of the environmental effect of a highway project. (Rule Log No.
2001-102-007-AD) Randy Wood, Deputy Director, OEPAA, and Dave Parmer, SEA Group,
presented this issue. The Commission approved the request as presented.
- Consideration to adopt a final TMDL for dissolved oxygen in Salado Creek in Bexar County
as a certified update to the State of Texas Water Quality Management Plan to satisfy federal
water quality management planning requirements. Chuck Mueller, SIP Plans and Art Talley,
TMDL, presented this issue. The Commission approved adoption.
- Consideration to approve the final Implementation Plan for four TMDLs for the volatile
organic compounds (VOCs) trichloroethane and dichloroethane in Clear Creek. Chuck
Mueller, SIP Plans and Art Talley, TMDL, presented this issue. The Commission approved the
plan.
- Consideration for adoption of 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 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. Additionally, the Executive Director requests
commission approval of the funding allocation scheme for the first year of the program as
well as authorization to issue a call for projects on or about October 19th. Bill Jordan, SIP,
Steve Dayton, Waste Planning, Morris Brown, Technical Analysis, and Snehal Patel, OLS,
presented this issue. This Commission approved the adoption of the new guidelines as revised
during the public meeting.
- Consideration of a Resolution continuing the existence and abolishing certain commission
advisory committees. The resolution would continue the existence of the following
commission advisory committees: Pollution Prevention Advisory Committee, Municipal Solid
Waste Management and Resource Recovery Advisory Council, Small Business Compliance
Advisory Panel, Rio Grande Watermaster Advisory Committee, and South Texas
Watermaster Advisory Committee. The resolution would abolish the Agricultural Advisory
Committee. Todd Galiga, OLS and Terri Seales, Executive Director's Office, presented this
issue. The Commission approved the Resolution as presented.
- Consideration and approval of the Office of Internal Audit's Fiscal Year 2002/2003 Biennial Audit Plan and other related issues. Steve Goodson, Internal Audit, present this issue. The
Commission approved the audit plan as presented.>
- 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, presented
this issue. No action taken.
- Planning for the next Commissioners' Work Session. The next work session is November 9th.
Topics for the morning work session include Small Business and Local Government Assistance
Enforcement Reports and time table for a phased in agency name change as well as the standing
items. A joint work session with the Texas State Soil and Water Conservation Board is tentatively
scheduled for the afternoon.