Old Business

Old Business Item 1 continued from the August 28th Agenda Meeting

1. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Chief Clerk 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. The Commissioners met in closed session from 4:18 p.m. until 4:48 p.m. The Commissioners reconvened open session at 4:48 p.m. Chairman McBee moved to appoint Mamie Black as acting Chief Clerk during the Commission's search for a permanent successor to Gloria Vasquez. The motion was seconded by Commissioner Marquez and approved unanimously.

2. Approval of contract between the TNRCC and the State Office of Administrative Hearings which provides for payment to SOAH to services to be rendered during the fiscal year beginning September 1, 1996, and ending August 31, 1997. The Commissioners chose not to consider this item.

1. Consideration of the Commissioners' priorities on rule and policy development. The Commissioners took this item up as part of new business item #7.

2. Consideration of issues related to enforcement policy, including: penalty policy; small entity/minor source no-penalty policy; notice of violations; and findings orders.
   • Regarding the proposed penalty policy, the Commissioners instructed staff to include underground injection control in the penalty matrix and to continue to monitor the use of the agency's standard deferral policy. Chairman McBee moved to instruct staff to publish the draft policy for public comment. The motion was seconded by Commissioner Baker and approved unanimously. The Commissioners also instructed staff to return to a future work session after staff assesses comments.

   • Regarding the proposed small entity/minor source no-penalty policy, the Commissioners instructed staff to remove "net" from the definition of small business, to use this policy on an interim basis effective September 1st, and to publish the draft policy for public comment.

   • Regarding the proposed notice of violation policy, the Commissioners instructed staff to brief the field office staff on the policy over the next 30 days, to implement the new policy after that period (unless a red flag is raised), and to share the policy with EPA. There is no need to publish.

   • Regarding the proposed findings order policy, staff will strike "ground" in paragraph (2)(c) of the draft policy. The Commissioners instructed staff to implement this policy effective September 1st. There is no need to publish.

3. Consideration of revision of the Commission's approach, procedure, and/or rules relating to requests for contested case hearings (30 Tex. Admin. Code 55.1-.31). The Commissioners received public comment on this item, instructed the General Counsel to draft a proposal and rule language for consideration by the Commissioners and to visit with the appropriate staff regarding this proposal, and continued this item to the September 11th regular agenda meeting.

4. The Commission will meet in closed session to receive legal advice on Commission evaluation of requests for contested case hearings, including revision of Commission rules relating to requests for contested case hearings (30 Tex. Admin. Code 55.1-.31), 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 met in closed session from 4:18 p.m. until 4:48 p.m. The Commissioners continued this item to the September 11th regular agenda meeting.

5. Discussion and possible action on legislative or proposed legislative issues affecting the Commission. The Commissioners continued this item to the September 12th work session.

6. Discussion and planning for the upcoming Environmental Council of the States (ECOS) conference. The Commissioners discussed the upcoming ECOS conference, but took no action on this item.

7. Planning for the next Commissioners' Work Session. The next Work Session is scheduled for Thursday, September 12th, at 1:30 p.m. in E-201S. Due to a previous commitment, Commissioner Marquez will not be in attendance. The following issues are tentatively scheduled to be discussed: the drought, agency funding levels/options, and a proposed agency operating procedure and policy on developing and revising agency rules. The Commissioners directed staff to schedule the 1997 work sessions for Thursdays immediately following the Wednesday regular agenda meetings.