Commissioners' Work Session
January 13 and 17, 1997
Room 201S, Building E, Park 35, Austin
Due to bad weather, several issues scheduled for discussion at the January 13, 1997, Commissioners' Work Session were continued to Friday, January 17, 1997, as old business.
Continued as old business from the January 13, 1997, Commissioners' Work Session:
- Consideration of the Commissioners' priorities on rule and policy development. This item was discussed in conjunction with item #7.
- Consideration of issues related to implementation of Senate Bill 1125 from the 74th State Legislative Session regarding air permit renewals. David Duncan (Legal) and Victoria Hsu (New Source Review) presented this item. The Commissioners directed staff to:
- regarding older permits which have no allowable emission rate table -- review the file and reconstruct the table according to manufacturing process descriptions and representations contained in the original application, but do not consider this addition to the permit to be an increase in allowable emissions;
- regarding situations where the allowable table has missing sources or missing pollutants ("missing" refers to those sources or pollutants which the original authorized process included, but which were not considered or reviewed) or where emissions are recalculated using new, more accurate methods -- include insignificant missing sources or pollutants or recalculated emissions in the renewed permit without additional review; and perform a technical review for significant missing sources or pollutants or recalculated emissions, requiring controls that are reasonable considering the age of the facility and performing a health effects review;
- regarding emissions added to the allowable table by the inclusion of standard exempt or standard permitted facilities into the renewal permit -- treat these additions as not subject to review and opportunity for hearing under SB 1125; however, this position may be fine-tuned as part of the standard exemption protectiveness reviews discussion at the February 20, 1997 work session;
- regarding hearing requests -- include more background information for the Commissioners in the agenda materials so the Commissioners may make decisions on a case-by-case basis.
- Consideration of issues related to a multi-media/multi-year enforcement memorandum of agreement between the Texas Natural Resource Conservation Commission and the United States Environmental Protection Agency (EPA). Ann McGinley (Enforcement) presented this item. The Commissioners directed staff to proceed with providing this reshaped memorandum of agreement to the EPA.
- Consideration of issues related to the management of the agency's reporting reduction initiative. Due to time constraints, the Commissioners rescheduled this item for the February 6, 1997, work session.
- Consideration of issues related to the Municipal Solid Waste State Plan. Steve Dayton (Waste Planning and Assessment) presented this item. The Commissioners adopted the plan with the following additional recommendations:
- the TNRCC should consider submitting those municipal landfills which pose significant threat to public health and the environment for ranking under the federal Superfund program; and
- the TNRCC should encourage local self-help programs (like the STEP program) to deal with illegal dumping and the provision of municipal solid waste services in border colonias, which are experiencing these problems.
- Consideration of issues related to the upcoming legislative session. The Commissioners chose not to discuss this item.
- Planning for the next Commissioners' Work Session. The next Commissioners' Work Session is scheduled for Thursday, January 23, 1997, in E-201S. The following issues are scheduled for discussion: effects screening levels, total maximum daily load, and legislative matters. The Commissioners have tentatively rescheduled the standard exemption protectiveness review discussion for February 20, 1997.
Continued as old business from the January 8, 1997, Agenda Meeting
- Docket No. 97-0002-EXE. The Commission will meet in closed session to deliberate the appointment of a 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. This item was discussed in closed session. No action was taken by the Commissioners.