Marked Agenda
Commissioners' Work Session (Open Meeting)
Friday, August 11, 2000
9:30 a.m.
Room 201S, Building E, Park 35, Austin

New Business

  1. Discussion of the Monthly Enforcement Report for May and June, 2000. Ann McGinley OCE/Enforcement Division presented this issue. No action was taken.

  2. Consideration and approval of the TNRCC's Legislative Appropriation Request for the 2002-2003 biennium. Machelle Pharr OAS/Chief Finance Officer presented this issue. The Commissioners approved the Legislative Appropriation Request for the 2002-2003 biennium as modified.

  3. Docket No. 2000-0736-AIR Consideration for issuance of a new air quality standard permit for concrete batch plants under 30 TAC Chapter 116, Subchapter F, Control of Air Pollution by Permits for New Construction or Modification. The standard permit will replace existing permits by rule for concrete batch plants and implement the portion of Senate Bill 1298, 76th Legislature, 1999, regarding the prohibition of applicants to submit dispersion modeling for a concrete batch registration. This issue was presented by John Steib, and Anne Inman, Air Permits Division. The standard permit was approved as presented with only a minor name change to Air Quality Standard Permit for Concrete Batch Plants.

  4. Docket No. 2000-0330-RUL. Consideration for adoption of the following new sections of Chapter 290, Public Drinking Water; Subchapter H, Consumer Confidence Reports.

    Section 290.271 Purpose and Applicability
    Section 290.272 Content of the Report
    Section 290.273 Required Additional Health Information
    Section 290.274 Report Delivery and Recordkeeping
    Section 290.275 Appendices A - D

    The purpose of the rules is to establish a new subchapter incorporating federal requirements for the minimum content of consumer confidence reports to be developed and distributed by community water supply systems. The proposal was published in the May 19, 2000 issue of the Texas Register (25 TexReg 4468). This issue was presented by Ron Bearden, Water Permits and Resource Management Division. The new sections were adopted as presented.

  5. Consideration to approve the Houston Ship Channel Nickel TMDL as a certified update to the State of Texas Water Quality Management Plan and certify it to the Environmental Protection agency (EPA) to satisfy federal water quality management planning requirements. This issue was presented by Chuck Mueller, SIP and Mel Vargas, TMDL Sections. This issue was approved with minor clarification to the Loading Allocations section made during the presentation.

  6. Reposted as ADDENDUM to New Business Agenda item number 13.

  7. Consideration for Approval of revision to the description of the portion of Grace Creek that is impaired, Segment Number 505B, Longview, Gregg County, in the FY2000 Clean Water Act 303(d) Listing of Impaired Water Bodies, to delete the lower 1.7 miles. This issue was presented by Steve Spaw and Patrick Roques, OCE/Monitoring Operations. The revision was approved as presented.

  8. Consideration and discussion of issues related to the Environmental Council of States (ECOS) meeting August 13-15, including the Commission's designation of a representative for voting on ECOS matters that may arise during the various ECOS meetings. Susi Ferguson, OEPAA/Policy and Standards, presented this issue. Commissioner Marquez proposed a representation and voting procedure for the ECOS meeting which met with agreement among the other Commissioners and the General Counsel. No other action was taken on this issue.

  9. Update and discussion of issues regarding agency's response to the drought. No action taken on this issue.

  10. Consideration of activities and comments associated with State Implementation Plans and update on the 8-hour ozone designation. This issue was not discussed.

  11. Consideration of legislative implementation 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. This issue was not discussed.

  12. Planning for the next Commissioners' Work Session. The next work session will be a joint work session with the Texas Department of Public Safety scheduled for August 24, at the DPS Headquarters. Issues tentatively scheduled for the next regular work session on September 12 are additional TMDLs, Penalty Policy changes, Sunset Report status, and Water Smart program in conjunction with the drought update.

  13. Consideration of publication to solicit public comment on the draft TMDLs for E.V. Spence Reservoir and the Fort Worth Legacy Pollutants. This issue was presented by Chuck Mueller, SIP and Mel Vargas, TMDL Sections. The Commissioners approved the request to release the draft TMDLs as requested.

  14. Discussion of issues relating to the Bosque River TMDL, including a schedule for publication to solicit public comment on the draft TMDL. This issue was presented by Chuck Mueller, SIP and Mel Vargas, TMDL Sections. The Commissioners approved the proposed approach to establishing the TMDL for the North Bosque River and directed staff to return to the September 12 work session to request release of the draft TMDL for public comment as presented.