New Business

1. Consideration of the Commissioners' priorities on rule and policy development. The Commissioners took this item up as part of new business item #8.

2. Consideration of issues related to the status of the alternative fuels program. Jeff Saitas (Air), John Steib (Mobile Sources), Hazel Barbour (Clean Fuels & Commute Options), and Bill Jordan (Clean Fuels & Commute Options) presented this issue. The Commissioners directed staff to begin working on the agency's report to the legislature regarding this program. Staff will return to the November 7th work session for additional discussion.

3. Consideration of issues related to agency reporting requirements. Ed Clark (ED's Office), Kerry Drake (SBAP), Dr. Douglas Benn (CIO), and Daphne McMurrer (OPPR) of the Duplicative Reporting Team Subcommittee presented the issue.
   • The Commissioners expressed their strong support for the streamlining of reporting requirements within the agency and asked that staff begin aggressively targeting those reports mandated only by the agency. The Commissioners would like to see quick action on what can be fixed and emphasized the need for coordination among staff.

   • A summary of reporting streamlining that can be achieved through state statute or agency rule changes will be provided to the Commissioners by October 18th for their review.

   • A preliminary plan to provide overall agency coordination and management of all data/standards/report streamlining development work will be submitted to the Commissioners by October 31st. Plan development is being coordinated by Douglas Benn and Ed Clark.

   • The Commissioners did not authorize the hiring of dedicated employees for this project. If additional FTEs are needed for this project, vacancies throughout the agency should be used to fill these positions rather than creating new positions. Ed Clark will coordinate with the deputies on this matter if it is deemed necessary.

   • The Commissioners indicated the importance of good documentation of all changes and reductions, as this would be of immediate benefit and documentation of the agency's commitment to improving customer service.

4. Consideration of issues related to odor nuisances. John Young (Field Operations), David Duncan (Legal), Laurel Carlisle (TARA), and Debra Barber (Field Operations) presented this issue.
   • The Commissioners would like to see the definition of "air pollution" in the Texas Clean Air Act revised so that the "normal use and enjoyment" provision is removed. This change will allow the agency to focus its resources on conditions affecting health and welfare. Staff will make the necessary changes to the agency's legislative package.

   • Staff also will provide a report to the Commissioners which will provide some detail on the approximately 3,000 odor complaints received by the agency. This report will break down information by: type/category; number of repeat complaints; number of confirmations; number of NOVs issued as a result of the complaints; and how the complaints were disposed of by the agency.

5. The Commission will meet in closed session to receive legal advice on the petition of the Environmental Defense Fund to withdraw EPA approval of the Underground Injection Control Programs of the Texas Natural Resource Conservation Commission under the Safe Drinking Water Act, pursuant to 551.071 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. The Commissioners took no action on this issue.

6. The Commission will meet in closed session to deliberate the employment of the Commission's Deputy Director for the Office of Water Resource Management. The authority for the closed session is 551.074 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. The Commissioners took no action on this issue.

7. 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 551.071 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. The Commissioners took no action on this issue.

8. Planning for the next Commissioners' Work Session. The next Work Session is scheduled for Thursday, October 24th, at 1:30 p.m. in E-201S. Currently, there is only one item on the agenda -- a closed session discussion of pending litigation.