Old Business The following two old business items were continued from the April 3rd and April 19th Work Sessions. Sharon Smith (Legal - Litigation Support) presented the issues.

1. Consideration of issues related to National Pollutant Discharge Elimination System (NPDES) delegation, including issues regarding public participation in the administrative process, the Texas Private Real Property Rights Preservation Act, and the Texas Environmental, Health, and Safety Audit Privilege Act. This issue will be continued to the May 13th Work Session as Old Business.
2. The Commission will meet in closed session to receive legal advice on agency options relating to delegation of the National Pollutant Discharge Elimination System (NPDES) program, pursuant to Section 551.071 of the Texas Open Meetings Act, Chapter 551 of the Texas 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 Texas Government Code. The Commissioners instructed staff to continue to work out the details of the proposed Memorandum of Understanding between the agency and the Attorney General's Office. This issue will be continued to the May 13th Work Session as Old Business.

1. Consideration of the Commissioners' priorities on rule and policy development. The Commissioners chose to take this item up in conjunction with new business item #5.
2. Consideration of issues related to revisions to the ozone standard. The issue was presented by Dan Wittliff (Chief Engineer) and Herb Williams (Policy & Regulatory Development). The Commissioners instructed staff to check with the sponsors of the Small Business Regulatory Enforcement Fairness Act to see if EPA's proposed revisions to the ozone national air quality standard will fall under the legislation. The Commissioners decided that they will not pursue the draft proposal developed by staff earlier this year. Instead, the issue will return to the Commissioners for consideration once EPA has taken a position. The Commissioners stressed that in reviewing the eventual EPA proposal, they wish to look at it in terms of the principles that the Commissioners have already developed on this issue. The Commissioners noted that questions from the general public on EPA's proposal should be directed to EPA rather than TNRCC staff working on the issue.
3. Consideration of issues related to reuse projects as they relate to water rights permitting. The Commissioners instructed staff to develop a document that includes some of the larger policy issues/principles affecting this issue. This document would be the initial basis of discussion for a task force. However, it would have a cover letter to potential task group members providing a summary of the Commissioners' direction given at the work session. The draft of this letter will be given to each Commissioner for review and comment prior to its mailing. In examining the policy options for the various types of authorizations to reuse water, the task force is to review and comment on the staff proposed options, identify any new options, flesh out all their pros and cons, and suggest recommendations to the staff to present to the Commissioners sometime next October. The task force is advisory only. The report will be prepared by staff. In examining the various options, consideration is to be given to the impacts of reuse on environmental water needs, the dependence on return flows by downstream water right holders, how and/or whether return flows are factored into determining the availability of unappropriated water, how to continue to provide incentives for the cost-beneficial reuse of water, and whether the marketing and transfer of return flows to third parties should be allowed. Finally, the Commissioners also discussed takings implications as relates to this issue.
4. Consideration of issues related to the agency's strategic plan, operating budget, and performance partnership grants. This issue will be continued to the May 13th Work Session as old business.
5. Planning for the next Commissioners' Work Session. The next Commissioners' Work Session is scheduled for May 13th at 1:30 p.m. in E-201S. The Commissioners are scheduled to address the following issues: standard exemptions, the Title V Operating Permits program, NPDES, and the agency's strategic plan, operating budget, and performance partnership grants. The Commissioners also reserved the following dates for the remaining 1996 Work Sessions: June 24, July 11, July 25, August 22, August 29, September 12, September 26, October 10, October 24, November 7, November 21, and December 12. Agendas for each of these Work Sessions will be filed approximately 8 days prior to the particular session. Agendas can be accessed on the agency's Website at https://www.tceq.texas.gov/agency/decisions/agendas/wk_sess/w_session.html.