HUSTON
MARQUEZ
WHITE

No closed session convened.

1. Docket No. 2003-0465-RUL. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 55, Requests for Reconsideration and Contested Case Hearings; Public Comment. 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 May 16, 2003 issue of the Texas Register (28 TexReg 3979). (Joseph Thomas) (Rule Log No. 2003-022-055-AD)
   
   Adopt the rule review and approve readoption of the chapter. HM. All approve.



2. Docket No. 2003-0419-RUL. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 80, Contested Case Hearings. 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 May 16, 2003 issue of the Texas Register (28 TexReg 3979). (Joseph Thomas) (Rule Log No. 2003-021-080-AD)
   
   Adopt the rule review and approve readoption of the chapter. HW. All approve.



3. Docket No. 2003-0191-RUL. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 330, Municipal Solid Waste. This review is in accordance with the 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 March 28, 2003 issue of the Texas Register (TexReg 2748). (Ray Austin) Rule Log No.2003-010-330-WS)
   
   Adopt the rule review and approve readoption of the chapter. MW. All approve.



4. Consideration to adopt revised final TMDLs for legacy pollutants in the Above Tidal portion of the Arroyo Colorado and the Donna Reservoir and canal system as certified updates to the State of Texas Water Quality Management Plan to satisfy federal water quality management planning requirements. Faith Hambleton, TMDL Section, Jason Leifester, TMDL Section, and Chuck Mueller, Strategic Assessment Division presented this issue.
   
   Adopt the revised final TMDLs as certified updates as requested. MH. All approve.



5. Consideration to adopt final TMDLs for legacy pollutants in the tidal portion of the San Jacinto River as certified updates to the State of Texas Water Quality Management Plan to satisfy federal water quality management planning requirements. Faith Hambleton, TMDL Section, Jason Leifester, TMDL Section, and Chuck Mueller, Strategic Assessment Division presented this issue.
   
   Continued to August 22nd work session.



6. Consideration of issues related to the Environmental Council of the States (ECOS) 2003 Annual Meeting on August 10-12 in Salt Lake City, Utah, 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 Division presented this issue.
   
   No action taken.



7. Consideration of issues relating to listing water bodies on the Draft 2002 303(d) List including temperature and sediment toxicity. Patrick Roque, Monitoring Operations, Stephanie Bergeron, Environmental Law Division (ELD), Mike Hughes, ELD, and Charles Bayer, Water Quality Division presented this issue. Staff requested this item be continued until the next work session.
   
   Approve staff request to continue this item to the next work session. HM. All approve.



8. Discussion of issues related to protecting instream uses in water right permits. Todd Chenoweth, Water Supply Division, Bruce Moulton, Policy and Regulations Division, and Robin Smith, ELD, presented this issue. Also present at the invitation of Commission, were the Texas Parks and Wildlife Chairman, Katharine Armstrong, and the Texas Water Development Board Chairman E. G. Rod Pittman. Staff discussed environmental flow restrictions in a representative water basin, in this case the Brazos, and described the number and type of water rights that contain environmental flow special conditions. In addition, staff described other ways that environmental flow special conditions have been structured in other permits and other water basins. Naturalized flow conditions, the amount of water presently permitted and implications for water remaining for future permitting and for the environment, as well as an overview of the natural flow into the bays and estuaries and water remaining for permitting were also discussed.
   
   No action taken.



9. Consideration of the agency's Fiscal Year 2004 Preliminary Operating Budget. Linda Flores, Chief Finance Officer and Becky O'Brien presented this issue. Staff will return to the next scheduled work session present the proposed final operating budget.
   
   No action taken.



10. 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.


11. 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. Randy Wood, Deputy Director OEPAA and Jim Muse, Director Policy and Regulations Division presented this issue.
    
    No action taken.



12. Planning for the next Commissioners' Work Session. The next work session is tentatively scheduled for August 22. Items to be presented include 2 quadrennial rule reviews/readoptions, FY04 Operating Budget, issues related to PST enforcement, the items numbered 5 and 7 above, as well as the standing issues.