Commissioners' Work Session (Closed Meeting)
Friday, June 25, 1999
Room 201S, Building E, Park 35, Austin
This is a closed meeting.
- Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the
Commission's Executive Director, 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, Chapter 551 of the Government Code. No action taken on this item.
- Docket No. 1999-0024-EXE. The commission will conduct a closed meeting to receive legal
advice and will discuss pending or contemplated litigation, settlement offers, and/or the
appointment, employment, evaluation, reassignment, duties, discipline or dismissal of
specific commission employees, as permitted by Sections 551.071 and 551.074, the Open
Meetings Act, codified as Chapter 551 of the Government code. No final action, decision
or vote with regard to any legal or personnel matter considered in the closed meeting shall
be made in the absence of further notice issued in accordance with Chapter 551 of the
Government Code. No action taken on this item.
- Docket No. 1999-0025-EXE. The commission will conduct a closed session to discuss their
duties, roles, and responsibilities as commissioners of the TNRCC pursuant to section
551.074 of the open meetings act, codified as 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, Chapter 551 of the Government Code.
No action taken on this item.
Commissioners' Work Session
Friday, June 25, 1999
Room 201S, Building E, Park 35, Austin
This meeting is a work session for discussion between commissioners and staff. Issues 4,5, and 7 were
open for public testimony or comment.
- Discussion of 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.
Ann McGinley (Enforcement Division) presented this item. No action taken on this issue.
- Consideration of issues related to the agency's FY2000 Preliminary Operating Budget.
Machelle Pharr (OASCFO) and Linda Flores (OAS/BUD) presented this item. Staff emphasized
the backup document titled "Summary of Preliminary FY 2000 Operating Budget" was a draft
version. Concerned about current fiscal year end budget obligation execution, Jeff Saitas said
carry forward budget items will be part of the Executive Director and Deputy ED's budget
review process in the weeks ahead. In view of the efforts discussed at issue 6, Consideration of
Business Process Review Recommendations, the preliminary operating budget will be revised
and revisited at the next work session on July 16. No action was taken on this issue.
- Consideration of activities associated with State Implementation Plans and Regional Clean
Air Strategy. No discussion.
- Consideration of issues related to the recommendations regarding the 8-hour ozone designations and boundaries. Herb Williams (OEPAA/Policy and Regulations Division)
presented an update on this item. Chairman Huston opened the discussion on this issue by
stating that in view of the recent court decision regarding the new 8-hour standard, it would
inappropriate for TNRCC to proceed with recommendations to the Governor with regard to the
8-hour ozone designation and boundaries. The agency would continue dialogue with
stakeholders, monitor emissions inventory and to respond to all air standards. State
Representative Zeb Zbranek, District 20, speaking on behalf of constituents and citizens of
Hardin and Liberty Counties, requested the two counties be excluded from the 8 hour
designation when it becomes known what 8 hour standard is established. EPA has stated it will not
require states to designate areas for classification under the 8-hour ozone standard by July 1999. No action was taken on
- Consideration for publication of and hearing upon the proposed State Implementation
Plan (SIP) concerning the attainment demonstration for the Houston/Galveston (HGA)
ozone nonattainment area. This SIP provides the results of modeling of specific control
strategies for attaining the one-hour ozone standard in the HGA ozone nonattainment
area. In addition, the SIP would be revised to include an extension of the nitrogen oxides
(NOX) reasonably available control technology (RACT) compliance date for installation of
a continuous emission monitoring system for Valero Refining Company under 30 TAC
§117.540, regarding Phased RACT. (Mike Magee) (Rule Log No. 99021-SIP-AI) Chuck
Mueller (OEPAA/SAS) presented this item. Staff requested withdrawal of the reference to
Valero Refining Company and proposed a number of changes. Mr. DeWayne Huckabay,
representing the city of Houston and the Regional Air Quality Planning Committee, offered
public comment on the SIP and outlined several changes that could be made to the SIP before
publication for public comment. He compared this approach to responding to public comment
and making similar changes to the SIP as a result of the public comment later. These changes
could make the SIP more acceptable to EPA and to the public. Staff was directed to add some
language to the SIP to clarify and refine the specific control strategies to be used which would
result in the best attainable solution and replace references to TCAS with affected counties.
The Commissioners' approved publication of the SIP with these changes.
- Consideration of the Business Process Review recommendations. Jeff Saitas, Executive
Director, presented this issue. The BPR final report recommended specific process
improvements for permitting, compliance, monitoring/assessment and planning. Mr. Saitas
proposed to implement the remaining elements of the BPR as follows:
He proposed to move immediately to organize the divisions into their respective offices with
the goal of accomplishing full implementation by October 30, 1999 and will be prepared to
return to the July 30 work session to update the Commissioners. The Commissioners' voted to concur with this proposal.
- Abolish the current media-based offices of Air, Water, and Waste.
- Establish a process/functional Office of Permitting.
- Appoint a deputy director for the Office of Permitting.
- Consolidate all planning and assessment functions into the Office of Environmental
Policy, Analysis and Assessment.
Consideration for adoption of amendments to 30 TAC 321, Subchapter B concerning the
discharge of waste into or adjacent to waters in the state by concentrated animal feeding
operations (CAFO). The rules concern the authorization of such discharge by individual
permit or registration. If approved, the rules would be made consistent with the Clean
Water Act NPDES Program Requirements and would allow the commission to implement
the TPDES program with regard to CAFOs with permits-by-rule as well as individual
permits. (Margaret Hoffman) (Rule Log No. 98074-321-WT) Margaret Hoffman (OLS) and
Darrell Williams (WATER/QLT) presented this item. Staff presented a draft version of the
concentrated animal feeding operations rule and was not requesting approval at this time. Staff
highlighted several changes from previous versions and stated they would be prepared to
present the rule for adoption at the June 30 Agenda. No action was taken on this issue.
Consideration of legislation passed affecting the TNRCC and other issues related to
actions taken by the 76th Texas Legislature. The commission may also meet in closed
meeting to receive legal advice regarding these matters, or any of the above 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. Diane Mazuca, (IGR) presented this item. Summarizing activities:
One the bills to be implemented that has many outstanding questions is HB 2954, the legislation
that transferred the Low Level Radioactive Waste Disposal Authority (LLWRDA) to the
TNRCC. The agency has met with legislative staff to obtain direction for implementation
purposes. That direction is still being discussed by the Legislative Leadership and should be
forthcoming within the next several weeks. A more detailed report of legislative
implementation is titled Summary of Actions Affecting the TNRCC is available and was emailed
to the agency by Steve Minick (IGR) on June 23. No action was taken on
- 163 bills that the agency tracked will require implementation
- 27 of these bills are considered to be on a "fast track"
- 136 of the bills are on a regular track, with 57 of these being water district bills
- some bills have been broken down into more than one project, for example the
appropriations bill, HB 1, has 18 separate projects to implement
Planning for the next Commissioners' Work Session. The next work session is scheduled
for July 16. Issues scheduled for that session include "Self- Evaluation Report on the TNRCC
for the Sunset Advisory Commission", regionalization of water and wastewater, update on
NPDES implementation, and designation of areas under the EPA 8 hour ozone standard.
Issues tentatively proposed for the July 30 work session include issues related to the transfer of
the Low Level Radiative Waste Disposal Authority to the TNRCC, update on BPR
recommendations, and enforcement trends associated with small businesses.