HUSTON
MARQUEZ
WHITE

MARKED WORK SESSION AGENDA

Friday, June 14, 2002

Texas Natural Resource Conservation Commission

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

This meeting is a closed session.

  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. Executive Director Saitas presented a motion to enter into a settlement with CMEX and TXI regarding the Dallas Ft Worth SIP which would close all legal matters.


  3. Approve motion, RH/RM

  4. Docket No. 1999-0025-EXE. The commission will conduct a closed session to discuss their duties, roles, and responsibilities as commissioners of the TNRCC 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.


  5. No action taken.


HUSTON
MARQUEZ
WHITE



MARKED WORK SESSION

AGENDA
Friday, June 14, 2002

Texas Natural Resource Conservation Commission

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

This meeting is a work session for discussion between commissioners and staff. Public comment will be accepted on issue four.

  1. Consideration of timely filed Motions to Overturn regarding the Executive Director's decision to approve an application by the City of Marshall for an amendment to the City's Certificate of Adjudication No. 04-4614, Harrison County, Texas. This application requests the additional use of water for industrial purposes for the 16,000 acre feet of water authorized for municipal purposes in Certificate of Adjudication No. 04-4614, and requests authorization to use the water in the Sabine River Basin; TNRCC Docket No. 2002-0495-WR. Oral argument in favor of the motion to overturn the application was presented by Colette Barran, representing the Texas Parks and Wildlife Department, Andy Barrett, representing Albert Huddleston and Robert Sprecht, and Richard Lowerre, representing the City of Uncertain, et al. Argument in favor of the applicant was presented by Martin Rochelle, representing the City of Marshall. Margaret Hoffman, Deputy Director, OLS, Robin Smith OLS, and Todd Chenoweth, Water Supply, representing the Executive Director presented facts pertinent to the decision to approve the application.


  2. Deny motions to overturn, RH/RM

  3. Discussion of the Enforcement Report for April 2002. This issue was presented by Anne Dobbs, OCE.


  4. No action taken.

  5. Consideration of the agency's Recommended Fiscal Year 2003 Operating Budget for approval. This issue was presented by Linda Flores, CFO, and Becky O'Brien, B&P.


  6. Approve, RH/KW

  7. Consideration to adopt the amended final documents for 21 TMDLs in Texas and to certify these as updates to the State of Texas Water Quality Management Plan to satisfy federal water quality management planning requirements. These TMDLs were previously adopted by the Commission, submitted to EPA, and have been amended in response to EPA's comments.
  8. The TMDLs are:

    E. V. Spence Reservoir (sulfate and total dissolved solids). Two TMDLs adopted by the Commission in November 2000.

    Clear Creek (volatile organic compounds). Four TMDLs adopted by the Commission in February 2001.

    Aquilla Reservoir (atrazine). One TMDL adopted by the Commission in March 2001.

    Houston Ship Channel (nickel). Fourteen TMDLs adopted by the Commission in August 2001.


    This issue is amended as Addendum to New Business, item 9.

  9. Consideration for Commission authorization to utilize funding transferability authorized by the Texas Water Code, Chapter 5, Subchapter P, Section 5.707 (HB2912) to fund overtime reimbursements to staff for work relating to two priority projects in the Office of Permitting, Remediation and Registration. The priority projects are the Central Registry database population project and the Permit Timeline Reduction Project. The funding amount under consideration for transfer is $500,000. This issue was presented by Jennifer Sidnell, OPRR.


  10. Approve, RH/RM

  11. Discussion of the Supplemental Environmental Projects (SEP) Program, including an overall review of program performance and issues, consideration of the revision of the SEP policy, and consideration of issues related to percentage offsets available to respondents and SEP priorities. This issue was presented by Paul Sarahan, Ramon Dasch, and Kate Hodgins, OLS Litigation Division. Staff presented a proposed revised guidance document relating to Use of Supplement Environmental Projects as a replacement to the existing memorandum to agency employees outlining the structure of the program. Two recommendations regarding the program were made by staff: leave the offset for administrative penalties at the 50 percent level for "for profit" entities and 100 percent for nonprofit and governmental entities and that the commission identify and encourage priority projects on the TNRCC website and during SEP discussions with respondents. The Commission accepted staff recommendations and the revised guidance document.


  12. No action taken.

  13. 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. Randy Wood, Deputy Director, OEPAA presented a summary of implementation status on projects from the 77th Texas Legislative Session.


  14. No action taken.

  15. Planning for the next Commissioners' Work Session. The next work session is July 14. Topics for this work session include Small Business Environmental Management System Incentives, Legislative Recommendations for the 78th Legislative Session, as well as the standing issues.

HUSTON
MARQUEZ
WHITE

MARKED WORK SESSION AGENDA

ADDENDUM

Friday, June 14, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Public comment will be accepted on this issue.

  1. Consideration to adopt minor clarifying technical amendments for 21 TMDLs in Texas and to certify these as updates to the State of Texas Water Quality Management Plan to satisfy federal water quality management planning requirements. These TMDLs were previously adopted by the Commission, submitted to EPA, and are being amended in response to EPA's comments. The TMDLs are:
  2. Houston Ship Channel (nickel). Fourteen TMDLs adopted by the Commission in August 2000.

    E. V. Spence Reservoir (sulfate and total dissolved solids). Two TMDLs adopted by the Commission in November 2000.

    Clear Creek (volatile organic compounds). Four TMDLs adopted by the Commission in February 2001.

    Aquilla Reservoir (atrazine). One TMDL adopted by the Commission in March 2001.

    This issue was presented by Chuck Mueller, Strategic Assessment Division, Faith Hambleton, TMDL Section, and Michael Hughes, OLS.

    Approve and certify amended documents, RH/KW