Marked Agenda
Commissioners' Work Session
Thursday, July 11, 1996
1:30 p.m.
Room 201S, Building E, Park 35, Austin
Old Business
- Consideration of issues related to the Title V Operating Permits program. Karen Olson (Air),
Debra Barber (Field Operations), and Susan Owen (Legal) presented the issue. The Commissioners directed
staff to -
- go forward and make a proposal to revise Regulation XII;
- make changes related to the minor new source review program that are consistent with our program
substitution concept that the agency has been pursuing;
- meet with the planning committee regarding compliance certification to make sure everyone is on the
same page;
- do not include the modular process as an alternative process, but do include the ability to phase in the
detail over a 7 year period;
- pursue the second option under "responsible official/duly authorized representative" where some reports
and documents submitted to the agency can be signed at a much lower level than a plant manager-type
person;
- pursue an alternative revision process to what's in Part 70;
- go ahead and separate out some of the rules as "state only" rules;
- do not spend a lot of additional time and manpower in further negotiations with EPA;
- make Reg. XII clear that in order for someone to lose the application shield, the agency must take a
specific action before the shield is removed (to avoid any misunderstanding);
- regarding general permits, provide for a 5 year renewal; and
- return to a Commissioners' Work Session in early November to present the revised Reg. XII, to address
the options for a simpler, less costly public notice requirement, and to receive direction on the timing for
beginning the rulemaking process for the revised Reg. XII.
- 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. The Commissioners chose not to take this issue up. The issue was continued as old business
to the July 24th Regular Agenda Meeting.
- 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. The issue was continued as old business to the July 24th Regular Agenda
Meeting.
New Business
- Consideration of the Commissioners' priorities on rule and policy development. The
Commissioners chose to take this issue up as part of new business item #4.
- Consideration of issues related to constructed wetlands. Warren Samuelson (Water) presented the
issue. The Commissioners directed staff to proceed with the proposed "Recommendation for Installation of
Experimental, Demonstration, and/or Research Constructed Wetlands System" which will include gathering
water quality data for the next two years as part of developing eventual rules. The Commissioners also
stressed that this project should have no more than a minimum impact on the agency's staff and funds.
- Consideration of issues related to the issuance of permits in light of compliance history. Helen
Gilbert (Legal) presented the issue. John Riley (Litigation Support) joined the discussion. The
Commissioners discussed the issue of statutory differences among programs that existed prior to the agencies
being merged. They also discussed the lack of a clear definition for what constitutes "non-compliance" for
permit applications. The Commissioners directed the Litigation Support and Legal staff to review the
statutes, look for common elements, and begin to consider developing the necessary guidance and rules.
- Planning for the next Commissioners' Work Session. The next Work Session has been scheduled for
July 25th at 1:30 p.m. It will be held off-site. The primary issue to be discussed at this session will be the
agency's legislative package. (Please note that this issue was originally scheduled to be discussed at the Aug.
29th session, but has been moved.) The Commissioners also requested that OPRD schedule an additional
session sometime between July 25th and Aug. 29th. The Commissioners and Executive Director also
discussed the scheduling of the Galveston and Corpus Estuary programs for a future briefing (either at a
future session or as private, individual briefings for each Commissioner).