HUSTON
MARQUEZ
WHITE

MARKED WORK SESSION AGENDA

Friday, August 22, 2003

Texas Commission on Environmental Quality

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


No closed session convened.

  1. Docket No. 2003-0352-RUL. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 333, Brownfields Initiatives. 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 9, 2003 issue of the Texas Register (28 TexReg 3850). (Emily Barrett) (Rule Log No. 2003-031-333-WS) Emily Barrett presented this issue.

    Action: Adopt the rule review and approve readoption of the chapter, HM. All agree.


  2. Docket No. 2003-0351-RUL. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 328, Waste Minimization and Recycling. 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 3980). (Emily Barrett) (Rule Log No. 2003-020-328-WS) Emily Barrett presented this issue.

    Action: Adopt the rule review and approve readoption of the chapter, HM. All agree.


  3. Docket No. 2003-0459-RUL. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 50, Action on Applications and Other Authorizations. 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 23, 2003 issue of the Texas Register (28 TexReg 4159). (Emily Barrett) (Rule Log No. 2003-024-050-AD) Emily Barrett presented this issue.

    Action: Adopt the rule review and approve readoption of the chapter, HM. All agree.


  4. Docket No. 2003-0408-RUL. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 39, Public Notice. 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 9, 2003 issue of the Texas Register (28 TexReg 3849). (Clifton Wise) (Rule Log No. 2003-023-039-AD) Emily Barrett presented this issue.

    Action: Adopt the rule review and approve readoption of the chapter, HM. All agree.


  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. This issue was not discussed.

    Action: Remanded to the Executive Director.


  6. Docket No. 2003-0735-MIS. Consideration of approval of a contract between the Texas Commission on Environmental Quality and the State Office of Administrative Hearings (SOAH), to provide payment to SOAH for services to be rendered during the Fiscal Year beginning 09/01/2003 and ending 08/31/2004. The Commission may delegate approval authority. This issue was presented by Carl Forrester, Office of Alternative Dispute Resolution.

    Action: Approve delegation to the General Counsel to negotiate FY 2004 contract, MW. All agree.


  7. Consideration and approval of the agency's Fiscal Year 2004 Recommended Operating Budget. This issue was presented by Linda Flores, Chief Finance Officer, and Becky O'Brien, Budget and Planning.

    Action: Approve operating budget, MW. All agree.


  8. 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 Jim Davenport, Water Quality Division presented this issue. Staff proposes that Patrick Bayou be listed on the Draft 2002 303(d) List for temperature exceedances and that the status of Lake Arlington not be changed on the Draft 2002 303(d) List. Staff also discussed the Commission's authority to list water bodies on the 303(d) List for sediment toxicity. Fred Andes, attorney for Barnes & Thornburg and representing the Patrick Bayou Lead Organization, argued against listing Patrick Bayou on the Draft 2002 303(d) List for temperature and sediment toxicity. Myron Hess, attorney and representing the National Wildlife Federation argued in favor of staff's recommendations.

    Action: Approve staff recommendation to amend the listing for Patrick Bayou on the Draft 2002 303(d) List to include temperature, HW. Commissioner Marquez abstains. Approve staff recommendation to not change the status of Lake Arlington on the Draft 2002 303(d) List, HW. All agree. No formal action taken on the sediment toxicity issue.


  9. Discussion of enforcement issues related to administrative penalties and related to petroleum storage tank program. This issue was not discussed.

    Action: Continue until next work session.


  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. This issue was not discussed.


  12. Planning for the next Commissioners' Work Session. The next work session is tentatively scheduled for September 12. Items to be presented include issues related to PST enforcement item number 9 above, as well as the standing issues.

  13. MARKED EMERGENCY AGENDA

    Friday, August 22, 2003

    Texas Commission on Environmental Quality

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


  14. Docket No. 2003-0751-PWS . Consideration of requests from customers of Aquasource Utility, Inc. in the Lakewood Ridge Addition Subdivision ("Lakewood Ridge") and Indian Creek Subdivision ("Indian Creek") in Denton County, Texas, including Marilyn and Pieter Hye, Richard and Barbara Walker, Bob and Kelly Ward, Joel and Donna Aldridge, Richard and Mariann Nichols, John and Karen Richardson, Caren and Rick White, G. L. Wiggins, Monty Hukill, Dana Dabbs, and Orville Jansen for an Emergency Order requiring the City of Southlake to provide an emergency interconnection or the provision of temporary water service pursuant to Texas Water Code Chapter 13. These requests include assertions of serious impairment in service, including frequent water outages, that jeopardize public safety, health, and welfare. These customers request immediate action to address an imminent threat to public health and safety or a reasonably unforeseeable situation. The authority for the Commission to conduct an emergency meeting to consider this matter is Texas Government Code 551.045. Stephanie Bergeron, Environmental Law Division, presented this issue, recommending the petition for an emergency order be denied because there has not been a showing that service discontinuance or serious impairment in service is imminent or has occurred as required under Texas Water Code Section 13.04(d)(2). State Representative Vicki Truitt, State Representative Mary Denny, and State Senator Jane Nelson, by way of a letter to the Commission, spoke in favor of granting the Emergency Order requiring the City of Southlake to provide an emergency interconnection or the provision of temporary water service pursuant to Texas Water Code Chapter 13.

    Action: Deny the request for an Emergency Order, HM. Agree. Commissioner White abstains.