HUSTON
MARQUEZ
WHITE

1. 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.

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.

No action taken.

3. Docket No. 1999-0025-EXE. The commission will conduct a closed session to discuss their duties, roles, and responsibilities as commissioners of the TCEQ 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.

HUSTON
MARQUEZ
WHITE

This meeting is a work session for discussion between commissioners and staff. Public comment will be accepted on issue 2 and 3.

1. Discussion of the Enforcement Report for December 2002. Anne Dobbs, Office of Compliance and Enforcement presented this issue.

No action taken.

2. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 113, Standards of Performance for Hazardous Air Pollutants and for Designated Facilities and Pollutants. This review is in accordance with Texas Government Code, Section 2001.039, which requires state agencies to review and consider for readoption each of their rules every four years. The proposal was published in the September 20, 2002 issue of the Texas Register (27 TexReg 8969). This issue was presented by Clifton Wise, OEPAA/Regulation Development and Dan Joiner, Environmental Law Division.

H,M: All Agree.

3. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 5, Advisory Committees and Groups. This review is in accordance with Texas Government Code, Section 2001.039, which requires state agencies to review and consider for readoption each of their rules every four years. The proposal was published in the November 29, 2002 issue of the Texas Register (27 TexReg 11184). This issue was presented by Hector Mendieta, OEPAA/Policy and Standards and Ramon Dasch, Litigation Division.

H,M: All Agree.

4. Summary and Final Report of the Permit Timeframe Reduction (PTR) Project. Mark Vickery, Deputy Director for Permitting, Registration, and Remediation, John Steibe, Air Permits, Wade Wheatley, Waste Permits, Mike Cowan, Water Permits, and Dale Beebe-Farrow, Water Supply, presented this issue. Chairman Huston directed staff to return to a future work session to revisit the original timeframe for processing permit applications to see if it is meeting expectations of both parties.

No action taken.

5. Consideration regarding the type of notice required under Section 13.255 of the Texas Water Code and whether an applicant needs to file a Section 13.255 application in order to begin providing retail water service under Title 30, Section 291.103(c) of the Texas Administrative Code. This issue was presented by Doug Holcomb, Water Supply Division and Todd Burkey, Environmental Law Division. With regard to the type of notice required under Section 13.255 of the Texas Water Code and Section 291.103(c) of the Texas Administrative Code, the Commissioners favored staff recommendation under Option 1. Under this option staff will develop a recommended notice form to be included with the Section 13.255 application form. This notice form would provide a municipality with more specific language to use when sending its initial notice of its intent to serve the retail public utility. With regard to the need for the applicant to file a Section 13.255 application in order to begin providing retail water service under Title 30, Section 291.103(c), the Commissioners favored the status quo.
6. Consideration of legislative issues potentially affecting the TCEQ 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. Steve Minick, Intergovernmental Affairs presented this issue.

No action taken.

7. Planning for the next Commissioners' Work Session. The next work session is scheduled for March 7. Issues tentatively identified are discussion and update on information technology projects, SIP update, as well as the standing issues.