HUSTON
MARQUEZ
WHITE

This meeting is a closed session.

1. Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the resignation and replacement 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.

2. 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. The Commission may also meet in open session to take action on a legal or personnel matter considered in the closed meeting as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.

This issue was not discussed.

3. 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.

This issue was not discussed.

HUSTON
MARQUEZ
WHITE

This meeting is a work session for discussion between commissioners and staff. Public comment will be accepted only by invitation of the commission.

1. Discussion of the Enforcement Report for June 2002. This issue was presented by Anne Dobbs, OCE.

No action taken.

2. Consideration of Revised Enforcement Penalty Policy.  Paul Sarahan, OLS, Karen Berryman, OCE, and Leonard Spearman, Deputy Director OCE, present this issue. The basis of the revisions originate from comments made by the Commission during agenda, HB 2912, 77th Legislature, 2001, and adoption of 30 TAC Chapter 60, Compliance History. Staff recommended the commission adopt the revised penalty policy as submitted with the exception of two minor revisions. One was to the discussion regarding the Penalty Matrix. Specifically, when rock crushers and concrete batch plants are found to be operating without a required permit, where the amount of the penalty is $10000 for each day of continuing operation, staff proposed changing the last sentence to read, "Under these circumstances, the maximum statutory limit of $10000 will be utilized based on visual observations of unauthorized activity." Commissioner Marquez made a motion to amend this sentence as follows: "Under these circumstances, the required statutory limit of $10000 will be utilized for every day of the unauthorized activity". This motion was seconded by Chairman Huston and approved. The other revision suggested by staff was to the third example under Other Factors That Justice May Require. Specifically, staff proposed changing the phrase "who owns a state inspection station" to "who owns a station that conducts state inspections."

Approve revised Penalty Policy, as submitted, with exception of above mentioned amendments. RM/RH. All agree.

3. Discussion and Update of the Permit Time frame Reduction (PTR) project for August 2002. Mark Vickery, Deputy Director, OPRR, and Jennifer Sidnell, OPRR, presented this update.

No action taken.

4. Consideration of regulatory incentives required by House Bill 2997, Section 5.127, 77th Legislature, 2001, and House Bill 2912, Section 5.131, 77th Legislature, 2001, to encourage the use of environmental management systems. Israel Anderson and Susan Roothaan, Small Business and Environmental Assistance Office presented this issue. Staff provided 3 lists of suggested incentives received during the public comment period for the rulemaking of the EMS Rule. Chairman Huston directed staff to continue to work Attachment A to the executive summary, which contains incentives that are consistent with the intent of the EMS Legislation. Accordingly, as of August 23rd, sites with approved environmental management systems may receive incentives outlined in Attachment A, if no agency policy change, rule change or EPA approval is required. Incentives that require policy or rule changes, or EPA approval, would be brought before the commission for approval under the rules process or as a separate policy change proposal. Staff would return to a future work session with a rule proposal or to propose a specific EMS incentive issue. The Commission indicated agreement with this approach.

No action taken.

5. Docket No. 2002-1078-CON. Consideration of authorization for the Executive Director to enter and manage all contracts (including grant agreements) and to delegate authority to the staff. Katherine Marvin, General Law Division, presented this issue.

Approve authorization. RM/KW. All agree.

6. Docket No. 2002-0927-CON. Consideration of approval of a contract between the Texas Natural Resource Conservation Commission and the State Office of Administrative Hearings (SOAH), to provide payment to SOAH for services to be rendered during the Fiscal Year beginning September 1, 2002 and ending August 31, 2003. The Commission may delegate approval authority. Duncan Norton, General Counsel presented this issue.

Approve contact. RH/KW. All agree.

7. Consideration for adoption of the guidance document titled "Procedures to Implement the Texas Surface Water Quality Standards." Suzanne Vargas, Karen Holligan, Jim Davenport, Water Quality Division and Robert Martinez, OLS, presented this issue.

Approve adoption. RH/KW. All agree.

8. Discussion of publication and solicitation of public comment on the draft Implementation Plan for two TMDLs for phosphorus in the North Bosque River Watershed. Chuck Mueller and Karen Atkinson, and Larry Koenig, Strategic Environmental Assessment and George Green, Acting Deputy Executive Administrator for the Texas Water Development Board presented this issue.

No action taken.

9. Consideration of legislative issues potentially affecting the TNRCC and actions taken by the Texas Legislature. The commission may consider legislative proposals and approve recommendations for changes to statutory provisions. 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.

10. Planning for the next Commissioners' Work Session. The next work session is 1 pm Friday, September 13th. Topics for this work session include Advisory Group rulemaking, annual report to the Commission on the use of advisory committee/groups, and the ECOS Fall Conference, Texas Water Quality Assessment 305(b) and List of Impaired Waters 303(d) reports to EPA, as well as the standing issues.