Friday, October 24, 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 Monthly Enforcement Reports for May, June, July and August 2003. Ann McGinley, Enforcement Division, presented this issue. The Commission directed staff prepare a future work session presentation on the analysis of enforcement compliance history data which might identify any “poor performers”.

No action taken.


2.          Docket No. 2003-0695-RUL. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 288, Water Conservation Plans, Drought Contingency Plans, Guidelines and Requirements. 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 July 25, 2003 issue of the Texas Register (28 TexReg 5895). (Debi Dyer) (Rule Log No. 2003-042-288-WT). Debi Dyer presented this issue.

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


3.          Consideration for approval of the revised guidelines to the Texas Emissions Reduction Plan: Guidelines for Emissions Reduction Incentive Grants. Steve Dayton, TERP, and Rebecca Davis, OLS, presented this issue. Staff summarized the major changes to the Plan being proposed in response to House Bill 1365, 78th Texas Legislature as described in the backup material. Mr. Tod Wickersham, Good Company Associates, a consultant to various large, heavy duty diesel engine users and manufacturers, spoke on their behalf. While generally in favor of the guidance document, he had several suggestions to improve participation by engine manufacturers and owners. In addition, his constituents had concerns which they felt were not satisfactorily addressed in the plan regarding pre-approval of batch grants, the minimum emission reduction standard of 25 percent not being revised to a lower rate, and the repower frequency period of 5 years instead of 3 years. The Commission directed staff to provide a careful review of grant applications and program management.

Action: Approve staff recommendation to adopt the revised guidelines. MW. All agree.


4.          Consideration and approval of the Office of Internal Audit’s Fiscal Year 2004/2005 Biennial Audit Plan and other related issues. Steve Goodson, and Carlos Contreras, Internal Audit, presented this issue and provided a summary of information contained in the briefing materials and the Biennial Audit Plan.

Action: Approve the Fiscal Year 2004/2005 Biennial Audit Plan. WM. All agree.


5.          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.


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 Relations, provided a short summary of recent legislative activity during the 3 Called Sessions. Randy Wood, OEPAA, provided a brief discussion of implementation of legislation from the 78th Session.

Action: No action taken.


7.          Planning for the next Commissioners’ Work Session. The next work session is tentatively scheduled for November 7. New issues for discussion are Concentrated Animal Feeding Operations rules in process, discussion of federal legislative issues, a brief (3 minute per issue) public comment period, as well as the standing issues. New issues proposed for discussion at a future work session include the permitting issue, analysis of compliance history data trends identifying “poor performers”, and an invitation to the Chairman of the Compliance Advisory Panel to speak to issues of interest to that panel. Chairman White urged senior executive staff to take greater advantage of work session to bring issues to the attention of the Commission.

Action: Approve items for next work session agenda. WM. All agree.