Marked Agenda
Commissioners' Work Session
Thursday, December 18, 1997
1:30 p.m.
Room 201S, Building E, Park 35, Austin


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. Discussion of an agency report on enforcement actions for various media including agriculture, air, industrial and hazardous waste, municipal solid waste, occupational certification, petroleum storage tanks, public water supply, water quality, and multi-media. Anne Dobbs (Enforcement Division) presented this item. No action taken.

  2. Consideration of a progress report from the Clean Air Responsibility Enterprise (CARE) Committee concerning grandfathered emissions. Jeff Saitas, Terri Seales (Office of Air Quality), and Judge Mickey Smith (CARE Committee Chairman) presented this item. The commission thanked Judge Smith for the hard work of the CARE committee and accepted the Committee’s report and recommendations. The commission directed staff to proceed to develop a draft plan for commission consideration at work session in early March.

  3. Docket No. 97-0951-RUL. Consideration for publication of proposed new 30 TAC Chapter 37, Sections 37.271 and 37.281, concerning Financial Assurance Mechanisms for Closure; Sections 37.371 and 37.381, concerning Wording of the Mechanisms for Closure; and Sections 37.3001 and 37.3011, concerning Financial Assurance Requirements for Scrap Tire Sites; for publication of proposed amendments to 30 TAC Chapter 330, Sections 330.601, concerning Fees and Reporting; for publication of the proposed repeal of 30 TAC Chapter 330, Sections 330.801-330.818, 330.820-330.836, 330.838, and 330.840-330.889, concerning Management of Whole Used or Scrap Tires; and for publication of proposed new 30 TAC Chapter 330, Sections 330.801-330.821, concerning Management of Used or Scrap Tires. The proposed new sections, amendments and repeal would address the sunset provisions of Health and Safety Code Chapter 361, Subchapter P, address the requirements of existing statutory language which does not contain a sunset provision, and streamline certain requirements of existing rules. (Debbie Bohl) (Rule Log No. 976140-330-WS) Mark Vickery, Paige Buechely (Waste Tire Program), Anthony Tatu (Legal Division), and Latrice Hertzler (Municipal Solid Waste Division) presented this item. Commissioner Baker moved to approve the publication of this proposal. Commissioner Marquez seconded the motion, and it passed unanimously.

  4. 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. No action taken.

  5. Consideration of the agency's implementation of legislation enacted by the 75th Texas Legislature, including Senate Bill 1 provisions regarding the commission’s ability to set water and sewer rates based on factors other than rate of return and House Bill 12228 regarding the consolidation of permit processing, 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.

  6. Planning for the next Commissioners’ Work Session. The next Commissioners’ Work Session is scheduled for Thursday, January 8, 1998, in E-201S, at 1:30 p.m. It will include the following issues: an update on Texas’ application to administer the federal National Pollutant Discharge Elimination System (NPDES) program; issues relating to municipal solid waste management, including land use and regional municipal plans; issues relating to the U.S. Environmental Protection Agency (EPA) PM2.5 monitoring network; the implementation of national ambient air quality standards; and a legislative implementation report on Senate Bill 1591 regarding regulatory innovations.