Marked Agenda
Commissioners' Work Session (Open meeting)
Friday, December 8, 2000
9:30 a.m.
Room 201S, Building E
12100 Park 35 Circle
  1. Discussion of the Monthly Enforcement Reports for October 2000. This issue was presented by Anne Dobbs, OCE. The Commissioners' requested staff review the Supplemental Environmental Project 50% cost limitations applied toward private entities and return to a future work session to discuss this issue. No action was taken on this issue.

  2. Small Business and Local Government Enforcement Report for FY00. Tamra-Shae Oatman and Monica Harris, Small Business and Local Government Assistance Section presented the semi-annual update on small business and local government enforcement trends. Staff was directed to look at way to present the enforcement data that takes into consideration the skewing effect caused by unusually large, but appropriate, settlement penalties. Staff was encouraged to continue their efforts to assist small businesses that appear to be headed toward a default order situation because they do not understand the enforcement actions and have given up. No action was taken on this issue.

  3. Update and discussion of issues regarding agency's response to the drought. This issue was presented by Todd Chenoweth and Mike Lannen, Water Permits and Resource Management. There was no action taken on this item.

  4. Update on implementation of specific issues affecting the TNRCC from the 76th Legislative Session, including implementation of HB 801 relating to public participation in certain environmental permitting procedures. Herb Williams, Policy and Regulations Division, provided an update on the first issue. Of 169 total bills assigned, 166 are complete, three remain and one has been extended. Lydia González-Gromatzky, Office of Legal Services presented the update on implementation of HB 801. A qualification made by staff is that, while HB 801 implementation began over a year ago, no application has been processed, from beginning to end, using the procedures required by HB 801. Another qualification made is that the trend analysis represents only one year (FY99) of data compared to the next (FY2000). In dealing with comments raised during the public participation process, staff was encouraged to work on a procedure to determine, as early and as efficiently and effectively as possible, what the issue is, whether the comment is an issue over which the TNRCC has authority, and prepare a comprehensive response to comments.

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

  6. Consideration of legislative issues potentially affecting the TNRCC and actions taken by the 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. Steve Minick, IGR provided the Commissioners with an update of pre-filed bills. No action taken on this issue.

  7. Planning for the next Commissioners' Work Session. The next work session is January 12, 2000. Issues scheduled for presentation are surface facilities for underground injection control, enforcement report for November, and the standing issues. The Supplemental Environmental Project discussion was placed on the March 9 work session.