Marked Agenda
Commissioners' Work Session
Monday, January 12, 1998
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. Consideration of an update on Texas' assumption of the federal National Pollutant Discharge Elimination System (NPDES) program and related issues. Ken Petersen (Deputy Director, Office of Water Resource Management); Ann McGinley (Director, Enforcement Division); Tom Weber (Wastewater Permits); and Margaret Hoffman (Legal) presented this item. The commission directed staff to provide an update on the status of the NPDES application submittal to EPA. Chairman McBee recommended that the caption for this item be changed to read “Consideration of issues related to the Texas’ assumption of ...” when it is reconsidered at the January 22 work session.

  2. Consideration of the commission’s current legal authority or jurisdiction over land use issues in municipal solid waste permitting decisions, existing case law and past permitting decisions involving land use issues, and current agency practice and precedent with regard to land use issues in the review of municipal solid waste permit applications, including the role of regional solid waste plans in permitting decisions. No action was taken. This issue will be considered at a later work session.

  3. Consideration of issues related to the U.S. Environmental Protection Agency PM2.5 monitoring network. Doyle Pendleton (Director, Monitoring Operations Division); John Young (Director, Field Operations Division); and Chris Kennedy (Strategic Planning) presented this item. The commission’s recommendation is to out source the monitoring network with an option on year 1, 2, or 3 to allow for flexibility on control of the laboratory work. The commissioners decided not to take action on approving the funds to upgrade the laboratory at this time, and asked staff to seek assistance through a contract with a non-TNRCC laboratory selected through the competitive state procurement process. The commissioners also agreed that staff should hold public meetings for input into the design of the monitoring network.

  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 House Bill 1591 regarding regulatory innovations 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. Andrew Neblett (Director, Pollution Prevention and Recycling), Sherman Krause (Pollution Prevention); and Sharon Smith (Legal) presented this item. Andrew indicated for the record the caption should read as Senate Bill 1591.

    David Duncan (Director, Intergovernmental Relations) reported on upcoming interim committee meetings: January 15 regarding Senate Bill 1 (Dan Pearson and Commissioner Baker); January 16 regarding landfill sites (Dan Pearson) and grandfathered facilities (Commissioner Marquez); and January 26-27 regarding new classification on Schedule B (Glenn Shankle) and duplication of services (Joe Vogel).

  6. Planning for the next Commissioners’ Work Session. The next Commissioners’ Work Session is scheduled for Thursday, January 22, 1998, in E-201S, at 1:30 p.m. It will include the following issues: the monthly enforcement report, regionalization (implementation of Senate Bill 1), Texas’ application to administer the federal National Pollutant Discharge Elimination System (NPDES) program; the implementation of national ambient air quality standards; and a legislative implementation report on House Bill 1, Rider 167, rules review.