NEW BUSINESS

This meeting is a work session for discussion between commissioners and staff. No public testimony or comment will be accepted except by invitation of the commission.

1. Consideration of the commissioners’ priorities on rule and policy development. The commissioners chose to discuss this item in conjunction with item #7.

2. Consideration of issues related to municipal solid waste management, such as historical perspectives of municipal solid waste management, public participation, public notice, and technical considerations of municipal solid waste management and regulation. Land use and certain related issues will be considered at a later date. Susan Janek (Municipal Solid Waste Division), Ada Lichaa (Municipal Solid Waste Division), Bryan Dixon (Municipal Solid Waste Division), and Marianne Baker (Legal Division) presented this item.
   

   • Permit Renewals and Amendments - No action was taken.
   • Co-Disposal - No action was taken.
   • Transfer Stations - A moratorium on the registration of Type 1 transfer stations at Type 4 landfills in large urban areas until the commission can consider this issue further at the November 6, 1997 Commissioners’ Work Session.

   The commission directed staff to include these items on the November 6 Commissioners’ Work Session agenda.

3. Consideration of the U.S. Environmental Protection Agency’s promulgation of revised national ambient air quality standards, implementation of these and the prior national ambient air quality standards, and related issues. Beverly Hartsock (Office of Policy and Regulatory Development) presented this item. No action was taken.

4. Consideration of issues related to the State Implementation Plan process, such as historical perspectives and procedures for developing the plan. Beverly Hartsock (Office of Policy and Regulatory Development), Chuck Mueller, and Herb Williams (Air Policy) presented this item. No action was taken.
   

5. Consideration of issues related to the exemption of nitrogen oxides from the ozone control strategy in the State Implementation Plan. Jim Smith (SIP Planning Section), Jim Thomas (Air Quality Planning Division), and Beverly Hartsock (Office of Policy and Regulatory Planning) presented this item. The commission directed staff to begin working with EPA Region 6 staff to facilitate a smooth transition to re-instituting NO_x controls in the Houston-Galveston ozone nonattainment area. Specific discussion points were suggested by staff and supported by the commissioners. These discussions should be completed prior to the December 31 expiration of the existing NO_x waiver. Commissioner Marquez stressed the need to make sure that any agreements with the Regional EPA staff would not be overridden by EPA Headquarters. Staff was also directed to return at the November 17 Commissioners’ Work Session to present a progress report. If early negotiations do not go well, staff is to conduct individual briefings with executive management, as necessary.

6. Consideration of the agency's implementation of legislation enacted by the 75th Texas Legislature and the agency's efforts to work with the Interim Legislative Committees. The commission may also meet in closed meeting to receive legal advice regarding these matters as authorized by Section 551.071 of the Open Meetings Act, Chapter 551 of the Government Code. Any commission action, decision, or vote on these matters will be made in open meeting in accordance with Section 551.102 of the Open Meetings Act, Chapter 551 of the Government Code. No briefing or action was required for this item. However, staff was directed to identify any issues for specific bills that may need to be addressed at the November 6 Commissioners’ Work Session.

7. Planning for the next Commissioners’ Work Session. The next Commissioners’ Work Session is tentatively scheduled for Thursday, November 6, in E-201S, at 1:30 p.m. It will include the following issues: Municipal Solid Waste (MSW) Policy Issues, national ambient air quality standards attainment strategies, standard exemption protectiveness review, and Legislative Implementation Report (standing item).