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 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, Bryan Dixon (Municipal Solid Waste Division), Minor Hibbs (Industrial and Hazardous Waste Division), and Marianne Baker (Legal Division) presented this item.
   • Transfer Stations - Chairman McBee moved to adopt staff recommendations 1 - 3 (regarding added odor controls, notification of landowners within 500 feet, and issuance of registration after public meetings but before the start of construction) as “ad hoc” rulemaking effective immediately and to proceed with formal rulemaking as soon as possible. Commissioner Marquez seconded the motion which was approved unanimously. No action was taken on staff recommendation 4. Staff was also directed to discuss with stakeholders regarding the appropriate grounds for a motion of reconsideration following issuance of a registration. Commissioner Marquez further suggested that a facility be required to obtain a city or county building permit before the TNRCC will issue a registration for a transfer facility.

   • Co-Disposal - The commission directed staff to maintain the status quo and continue to require dedicated trenches for disposal of Class I industrial non-hazardous waste at municipal landfills. Limited rulemaking was authorized to address the need for enhancement of rules for Class I industrial non-hazardous landfill permit applications submitted under Chapter 335.

2. Consideration of issues related to national ambient air quality standards attainment strategies. Herb Williams, Chuck Mueller, and Liz Johnson (Air Policy and Regulations Division) presented this item.

   • Houston - The Commissioners deferred action regarding the Rate of Progress plan pending further discussion of the NOx waiver. Regarding the Houston 1-hour Attainment Demonstration, the Commissioners approved staff recommendation B) to submit a partial plan followed by additional reductions within 18 months.

   • Dallas/Fort Worth - The Commissioners deferred action but directed staff to present the options to the North Central Texas Council of Governments to feedback.

   • Beaumont/Port Arthur - The Commissioners deferred action pending the outcome of a meeting with EPA regarding transport issues.

   • El Paso - No action necessary.

3. Potential Nonattainment Areas - The Commissioners deferred action pending the outcome of the STAPPA/NGA meeting in December.

4. Consideration of issues related to the standard exemption protectiveness review. Vicky Hsu, Kerry Drake, Dale Beebe-Farrow (New Source Review Permitting Division), and David Duncan (Legal Division) presented this item.
   • Property-Line Particulate Standards - The Commissioners approved Option 2 directing staff to develop internal guidelines for flexibility when reviewing exemptions from permitting for certain types of particulate sources when modeling indicates that the exemption from permitting would pose no health problem but that an exemption from 30 TAC 111.155 might be needed.

   • Concrete Batch Plants - The Commissioners approved option 1 directing staff to repeal the standard exemption and to replace it with a standard permit for large concrete batch plants. A standard exemption should remain to include “residual” very small sources. Staff was also directed to modify the standard permit to add production limits, where appropriate, to limit traffic-related emissions.

5. 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.

6. Planning for the next Commissioners’ Work Session. The next Commissioners’ Work Session is tentatively scheduled for Monday, November 17, in E-201S, at 1:30 p.m. It will include the following issues: nitrogen oxide waivers, regionalization of water and wastewater facilities, the monthly enforcement report, the Clean Air Responsibility Enterprise Committee report on grandfathered emissions, and the implementation of national ambient air quality standards.