Old Business

1. Consideration of issues related to the Title V Operating Permits Program. Jeff Saitas (Air), Karen Olson (Air), and Susan Owen (Legal) provided an update on this item and requested direction from the Commissioners in regards to a recent letter from EPA. The Commissioners directed staff to prepare an outline/list of vital issues to be discussed with EPA, as well as an accompanying timeline. Staff will prepare the material by late next week based on their understanding of the letter from EPA. Chairman McBee will contact EPA regarding a meeting between EPA and TNRCC leadership.

1. Consideration of staff briefing on Commissioners' priorities on rule and policy development. The Commissioners chose to take this item up in conjunction with item #14.

2. Consideration of issues related to the Enforcement Process. There was a general discussion of this item.

3. Consideration of issues related to the Small Business Program for Penalty Reduction, Deferral and Related Issues. The Commissioners directed staff to expand the policy to other media, merge the SBMSP with "No Penalty" Policy, distinguish between new or first time violators and repeat violators, and exempt subsequent/related violations from the SBMSP.

4. Consideration of issues related to Amnesty Programs. The Commissioners expressed their general approval for amnesty for new and significant programs. However, after the initial amnesty, SBMSP should not apply.

5. Consideration of issues related to Financial Ability to Pay Administrative Penalties and Payment Schedules. Staff were directed to use 12 months as a routine negotiation, extending that period for extenuating circumstances. If the payment schedule is not based on financial need, the plan should be limited to 12 months.

6. Consideration of issues related to Notices of Violation in the Air Program. Staff were directed to develop an "in between" letter of compliance issues for a narrow range of matters.

8. Consideration of issues related to Use of Deferred Administrative Penalties. The Commissioners directed staff to tie deferred penalties to certain specific requirements. Penalty deferral should not be available for repeat (related) violations. Staff should use "30%" narrowly and use deferrals during the negotiation process.

10. Consideration of issues related to Implementation of SB 1660 in Enforcement Orders. The Commissioners will follow legislative intent; however, they are concerned that some affected companies may never have a compliance history. The General Counsel will look into how the agency can promulgate this legislation.

7. Consideration of issues related to Calculation of Administrative Penalties.

9. Consideration of issues related to Constraints on Enforcement Due to Federal Program Delegation/Authority.

11. Consideration of issues related to Use of Bi-Lateral Compliance Agreements.

12. Consideration of issues related to Environmental Audits and Compliance Management Systems.

13. Consideration of issues related to the Agency's Strategic Plan, Operating Budget, and Performance Partnership Grants. This item will be continued to the February 22nd Work Session.

14. 14. Planning for next work session. The next Commissioners' Work Session is scheduled for February 22nd, from 1:30 p.m. until approximately 3:30 p.m. in room E-201S. The following items are tentatively scheduled to be addressed: Title V Operating Permits Program (old business); the Agency's Strategic Plan, Operating Budget, and Performance Partnership Grants (old business); Texas Risk Rule (new business); and Concrete Batch Plants (new business). Additional Work Sessions have also been tentatively scheduled for March 11th and March 21st. The Commissioners tentatively scheduled the following items for the March 11th Work Session: Revisions to the Ozone Standard. The Commissioners asked that the following item be placed on the list of issues to be discussed at a future Work Session: Reporting of UIC Information in TRI.