HUSTON
MARQUEZ
WHITE

MARKED WORK SESSION AGENDA

Friday, April 4, 2003

Texas Commission on Environmental Quality

9:30 a.m.
Room 201S, Building E
12100 Park 35 Circle

No closed session convened.

  1. Discussion of the Enforcement Report for February 2003. 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 309, Domestic Wastewater Effluent Limitation and Plant Siting. 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 January 17, 2003 issue of the Texas Register (28 TexReg 551). (Rule Log No. 2003-007-309-WT) Debi Dyer, Regulations Development Section, Mary Ann Airey, Water Quality Division, and Todd Burkey, Environmental Law Division, presented this issue.

    Adopt the rule review and approve readoption of the chapter, H/M. All agree.


  3. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 285, On-Site Sewage Facilities. 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 January 10, 2003 issue of the Texas Register (28 TexReg 488). (Rule Log No. 2002-025-285-WT) Kathy Ramirez, Regulations Development Section, Kathy Brown, Environmental Law Division, and Warren Samuelson, Compliance Support presented this issue.

    Adopt the rule review and approve readoption of the chapter, M/H. All agree.


  4. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 70, Enforcement. 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 January 10, 2003 issue of the Texas Register (28 TexReg 487) (Rule Log No. 2002-023-070-AD) Debra Barber, Regulations Development Section and Richard O'Connell, Litigation Division presented this issue.

    Adopt the rule review and approve readoption of the chapter, H/W. All agree.


  5. Discussion of drinking water requirements for public water systems. Dale Beebe-Farrow, Tony Bennett, and Jack Schulze, Water Supply Division presented this issue. Staff provided an update the status of implementation of the 1996 Amendments of the Safe Drinking Water Act and a discussion of the Filter Backwash Recycling and the Long Term Enhanced Surface Water Treatment Rules current under development. Commissioners requested individual briefings from staff to explore areas where the state rule goes beyond the federal rule, the associated costs and whether the rules could be more performance base oriented. After the briefings the Commissioners will give direction to staff on requesting a rule extension from EPA.

    Discussion only and no action taken.


  6. Discussion of the Texas Commission on Environmental Quality Strike Team history, function, abilities and its deployment with additional Field Operations Division Emergency Response staff to assist with the Columbia Shuttle recovery. Buddy Stanley, Director Region 14, and Jeff Lewellin, Strike Team Leader, presented this issue. The Executive Director presented the Strike Team, on behalf of Governor Perry, a Certificate of Appreciate for the active part the Strike Team played in the Columbia Shuttle recovery operations.

    Discussion only and no action taken.


  7. Consideration of issues related to the Environmental Council of the States (ECOS) 2003 Spring Meeting on April 8-10 in Washington, D.C., including the Commission's designation of representatives for voting on ECOS matters that may arise during the various ECOS meetings, and other related issues. Linda Haynie, Policy and Regulations Section presented this issue. Commissioner Marquez and Chairman Huston will be voting individually on appropriate ECOS issues.


  8. Consideration of activities associated with State Implementation Plans and issues related to recommendations regarding the 8-hour ozone designations and boundaries. This issue was not discussed.


  9. 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. This issue was not discussed.


  10. Planning for the next Commissioners' Work Session. The next work session is tentatively scheduled for May 16. The standing issues are tentatively identified for discussion.