Old Business

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. Sharon Smith (Legal) presented the issue. This issue was continued as old business to the July 11th Work Session.

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 chose not to take this issue up. It was continued as old business to the July 11th Work Session.

1. Consideration of the Commissioners' priorities on rule and policy development. The Commissioners chose to take this issue up in conjunction with new business item #5.

2. Consideration of issues related to the agency's strategic plan, legislative appropriations request, operating budget, and performance partnership grants. Glenn Shankle (Administrative Services), Tobi Hitt (Administrative Services), Bill Briggs (Administrative Services), and Jeff Grymkoski (Executive) presented for the COmmissioners' approval a proposed Priority Allocation Table to be included in the TNRCC's Legislative Appropriations Request (LAR). The priority allocation table prioritizes agency funding by ranking agency strategies by order of importance. This ranking will be used to finalize the 1997 operating budget and develop the LAR for the 1998-99 biennium. The Commissioners agreed to individually review the priority allocation table and policy guidance with staff over the next couple of weeks

3. Consideration of issues related to the Title V Operating Permits program. Jeff Saitas (Air), Karen Olson (Air), Susan Owen (Legal), and Debra Barber (Compliance and Enforcement) presented the issue. Staff will require guidance from the Commissioners on this issue within the next 2-3 weeks. This item was continued as old business to the July 11th Work Session. In the meantime, staff may conduct individual briefings for the Commissioners on this issue.

4. Consideration of issues related to revisions to the federal particulate matter standard. Beverly Hartsock (OPRD), Buddy Henderson (OPRD), Doyle Pendleton (Air), and Jim Price (Air) presented the issue. Because of the potential costs of the various options presented by staff, the Commissioners may consider such costs in context of the FY'97 budget over the next few weeks. This issue will return to a future Work Session for further discussion once EPA's proposal is developed.

5. Planning for the next Commissioners' Work Session. The next Work Session has been scheduled for July 11th at 1:30 p.m. It will be held in room 201S, building E. The following issues are tentatively scheduled to be discussed: NPDES, the Title V Operating Permits program, Constructed Wetlands, and the Issuance of Permits in Light of Compliance History. The Commissioners also requested that the following issues be added to the list of future Work Session topics: the agency's Legislative Package (Aug. 29th Work Session) and Reporting Requirements (date not yet known). Finally, the Commissioners mentioned the possibility of an update on the issue of Concentrated Animal Feeding Operations at the July 25th Work Session.